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lillyz

K1 Adjustment of status pending still, and marriage failed

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Hi everyone, 

After coming with k1 visa, being married for only 2 mounths, my partner admitted that he had feelings for someone else, and that he cheated on me ,and that he made a mistake marring me. 

He proposed to do an annulment of our marriage. 

I sent my adjustment of status 2 mounths ago, and still waiting for my work and travel permit, and green card that will take even longer. 

My question is :is there any specialist of immigration that can help me for free or for cheap? I am in Washington Seattle state. 

- To know my rights,and know what are the options I have: if I can stay in USA or come back to my country where I left everything I had ( job, good social status etc).

- Is there a way to get my green card other than the marriage?

-Is divorce or annulment better for me? 

 

 

 

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Seems you have 2 issues, Divorce and that should net be that complicated and planning your return home.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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~~Moved to Effects of Major Family Changes, from ROC - THe OP has not Adjusted status and similar threads are discussed here.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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OP- If spouse doesn't pull the I-864 support, then the AOS will proceed normally. If he pulls I-864, then your only course of action is to return home. IMO, choose divorce over annulment. 

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Thank you guys for all the answers. I appreciate it.

Do you guys have an idea about any free or cheap  help? To prepare my back trip in good conditions. I have no idea about the laws here. 

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10 minutes ago, lillyz said:

Thank you guys for all the answers. I appreciate it.

Do you guys have an idea about any free or cheap  help? To prepare my back trip in good conditions. I have no idea about the laws here. 

 

Can simply search for lawyers there. As to "prepare trip back", as mentioned, you can honestly leave whenever you want to. If you wish to stay and get divorce/annulment papers signed you can, then literally can just leave. There is no restrictions on your ability to go whenever you want to honestly.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gif     giphy.gif

 

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You just need a ticket and your passport.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Op has not shared personal circumstances and we would be guessing to assume what that is or whether she can visit the US.

 

Normally a 2 month marriage well what would there to be done except the legalities, now there could be something unusual which has not been mentioned.

 

 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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4 hours ago, nastra30 said:

OP- If spouse doesn't pull the I-864 support, then the AOS will proceed normally.

In the other thread @geowrian said it's possible but very hard:

8 hours ago, geowrian said:

A K-1 visa holder can AOS even with divorce as has been determined in Matter of Sesay. However, they must prove that not only the marriage was bona fide (a hard showing), but it still requires as I-864 from the original petitioner.

Especially for a short marriage.

 

To the OP: Below is the relevant part of the USCIS Policy Manual https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter7.html

Quote

Marriage Legally Terminated

A nonimmigrant fiancé(e) who contracts a valid and bona fide marriage to the U.S. citizen petitioner within the requisite 90-day time period remains eligible to adjust status on that basis, even if the marriage is legally terminated (whether by death, dissolution, or divorce) prior to adjustment of status and regardless of whether the nonimmigrant fiancé(e) remarries thereafter. The applicant remains subject to all conditional permanent residency requirements, if applicable.

 

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