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Chad97

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

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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

 

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Posted (edited)
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 by Ben&Zian

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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.


c9 AOS Concurrently filed I-130 & I-130A, I-485, I-131, I-765

 

2019-02-21 Package sent to Chicago Lockbox via FedEx

2019-02-27 Package received

2019-02-27 Priority Date

2019-03-04 Notice Date

2019-03-09 Notice received via USPS

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2019-04-01 Case is ready to to be scheduled for an interview

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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. 

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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.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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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).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

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1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

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10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

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3/30/17: NOA2 hard copy received

 

NVC

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~~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.~~


Spoiler

Met Playing Everquest in 2005
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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

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Biometrics 04/15/14

Interview 05/29/14

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


“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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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.


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April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

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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.


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Service Center: Texas

Consulate: Cuba  Colombia. Thanks, Trump!

Marriage: 12/31/2016

I-130 Sent: 3/2/2017

I-130 NOA1: 3/8/2017

USCIS Approval Date: 8/29/17

NOA2 hardcopy received: 9/5/2017

NOA2 issued date: 8/26/2017

Notice from USCIS Sent to NVC: 9/11/2017

NVC Received: 9/21/2017

Case Number and Invoice Number Available: 9/22/2017

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Received Invoices for AOS and IV and Paid Both (No DS-261 as I have a lawyer): 9/27/2017 

DS-260 Unlocked: 9/29/2017

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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


c9 AOS Concurrently filed I-130 & I-130A, I-485, I-131, I-765

 

2019-02-21 Package sent to Chicago Lockbox via FedEx

2019-02-27 Package received

2019-02-27 Priority Date

2019-03-04 Notice Date

2019-03-09 Notice received via USPS

2019-03-15 Biometrics Appointment Notice received

2019-03-26 Attended Biometrics Appointment

2019-04-01 Case is ready to to be scheduled for an interview

2019-04-22 Interview Notice received via USPS

2019-05-20 Interview: Approved after 82 days.

2019-05-21 Card in production

2019-05-22 Card was mailed to you (no tracking)

2019-05-23 Update that USPS picked up the card (included tracking number). Estimated arrival: May 28

2019-05-24 I-130 and I-485 Approval Letters received via USPS.

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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.

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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

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