What options does the beneficiary have if the relationship doesn't work out after marriage?

[Chad97 13]

Can some please advise the best way to deal with a failed marriage if the benificiary still wants to stay in the United States.. We have not yet sent in the application for the the adjustment of status.. We were married in February and we have not filed for divorce yet.. 

 

She is from Cuba .. I am not sure if that makes a difference .. but she would like to stay herein the United States.. Will she be able apply of the ad,ustment of status on her own with one of her family members as her sponsor eventually?

 

Any advice for her is greatly appreciated.

 

Thank you

 

[Ben&Zian 4,397]

2 minutes ago, Chad97 said:

Can some please advise the best way to deal with a failed marriage if the benificiary still wants to stay in the United States.. We have not yet sent in the application for the the adjustment of status.. We were married in February and we have not filed for divorce yet.. 

 

She is from Cuba .. I am not sure if that makes a difference .. but she would like to stay herein the United States.. Will she be able apply of the ad,ustment of status on her own with one of her family members as her sponsor eventually?

 

Any advice for her is greatly appreciated.

 

Thank you

 

 

No. She will have to return home. With the K-1 visa, she can only adjust status through the petitioner, meaning you. There is no other option. She must leave before her I-94 expires or she will be unlawfully present and begin accumulating overstay. Naturally she doesn't want to return, but that's the reality of the situation. 

Edited May 13, 2019 by Ben&Zian

[junkmart 320]

8 minutes ago, Chad97 said:

Can some please advise the best way to deal with a failed marriage if the benificiary still wants to stay in the United States.. We have not yet sent in the application for the the adjustment of status.. We were married in February and we have not filed for divorce yet.. 

 

She is from Cuba .. I am not sure if that makes a difference .. but she would like to stay herein the United States.. Will she be able apply of the ad,ustment of status on her own with one of her family members as her sponsor eventually?

 

Any advice for her is greatly appreciated.

 

Thank you

 

Since the Cuban Adjustment Act, AKA wet foot-dry foot,  was rescinded by the Obama Admin after the reestablishment of diplomatic relations with Cuba, Cuban nationals are no longer allowed to adjust status as per the act. They must now go through the same process as most everyone else. I think she would have to return to Cuba. Not sure what action the current administration has taken, but I doubt they have reenacted the CAA.

[VNN 147]

She does not have any option rather than come back to Cuba.  

 

I cannot comment on the relationship but it is important that you and your wife absolutely sure that there is no chance your marriage won’t work otherwise it will result in some deep regret in the future. 

[Unlockable 7,306]

11 minutes ago, Chad97 said:

 

 Will she be able apply of the adjustment of status on her own with one of her family members as her sponsor eventually?

 

Unfortunately, the K1 is strictly adhered to the US citizen petitioner. If there was no adjustment of status filed and the marriage is over, then it would mean the immigration options are over for the beneficiary. In fact, it would be extremely for the beneficiary to adjust status by any other means, like finding another US citizen to marry. It is not impossible to do, but it is very difficult and time and money consuming.

 

It does not mean that the beneficiary can't return to the US in the future on another vise. Meaning s/he can return home and if they get petitioned by another US citizen to petition for them in the future, the previous dissolved marriage wouldn't hinder them getting another visa unless fraud was discovered.

[geowrian 22,335]

There's no way for her to AOS via somebody else. A a K class visa beneficiary can only AOS via the original petitioner.

If she overstays her I-94 by 180+ days, she will incur a 3 or 10 year bar upon exit from the US.

She has no means to legally work. Best thing is to return home and wait out whatever timeline it is for the other family member to petition her (assuming they can).

[Ontarkie 13,914]

~~MOved to Effects of Major Family Changes, from AOS FAmily - As similar threads are discussed here.~~

~~One post advocating fraud removed. Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

[Boiler 43,429]

Has any family member sponsored her, if so which one and when, they tend to take a long time.

[Just Paul 4,591]

1 hour ago, Chad97 said:

We were married in February

Assuming she came in January she is already out of status.   She can only adjust thru you.

 

She should leave ASAP or she will being to incur an (longer) future ban.

[DiamondEyes490 126]

With the Cuban Adjustment Act, because she entered legally (that's the part changed after Obama repealed wet foot dry foot), she can adjust on her own after being in the US for a year and a day. So it's a gamble.

[junkmart 320]

2 hours ago, junkmart said:

Since the Cuban Adjustment Act, AKA wet foot-dry foot,  was rescinded by the Obama Admin after the reestablishment of diplomatic relations with Cuba, Cuban nationals are no longer allowed to adjust status as per the act. They must now go through the same process as most everyone else. I think she would have to return to Cuba. Not sure what action the current administration has taken, but I doubt they have reenacted the CAA.

I may have jumped the gun in my previous comment, above. Check out this link to USCIS regarding CAA. She may still qualify. I'll let you read and judge for yourself, OP. Good Luck.

 

https://www.uscis.gov/greencard/caa

[Villanelle 4,121]

yes, I was going to say there was another thread recently about a K from Cuba and it was discussed there how they can still use the Cuban Adjustment Act. Look into it.

[Chad97 13]

Thank you.. I was told something about being able to apply after 1 year and 1 day for cubans.. but I wanted to make sure on how to advise her what to do.. Yes she has relatives here that will be able to sponsor her.. I will have her speak to a lawyer about that.

[Chad97 13]

Can you send me a link to that thread please? I will try to locate it also

[Chad97 13]

1 hour ago, junkmart said:

I may have jumped the gun in my previous comment, above. Check out this link to USCIS regarding CAA. She may still qualify. I'll let you read and judge for yourself, OP. Good Luck.

 

https://www.uscis.gov/greencard/caa

Thank you