Risk of moving on K1 & not it working out

[Fabercham 22]

Hi all. I have about 6 weeks left in the U.K. before I move to the US on a K-1 visa. I’m looking forward to living life with my fiancé who I love and making new friends but lately I find myself with a lot of concerns.

   I am in my thirties and I’m giving up a good job to move over, one it took me a while to get. I am leaving behind family members who disagree with my decision and think I am burning my bridges and want me to live with him for 6 months first, to see if it works out. As you know, you cannot do this on a K-1. I’ve made 6 trips to the US and he’s visited U.K. 4 times. That’s the best we can do. 

   I haven’t heard of any stories of k1s not working out, other than horror stories with people from less developed countries, but I’m sure there are many. If my fiancé were to marry me but then want to divorce, I’d be left with no life to return to in the U.K. and only a two year greencard, or at best a 10 year one, so I would have to leave, right? My fiancé just reasons that US laws mean I’d get a good alimony but I’d like a prenup with some kind of agreement for how he might support me if I had to return to the U.K. and start over from scratch but I’m not sure if this is how it’d work at all. I’m just so nervous. I know it sounds very unromantic but my ex husband screwed me over financially, so I’m extra cautious.  

   Has anyone had a similar experience? Any advice appreciated!

[Summerbrezz07 14]

I can understand about feeling overwhelmed with such a life changing event, but being concerned about divorce before even getting married is not a good sign.People in life will always have their own personal thoughts and feelings about things. Ultimately it is your decision to do what is best for you. Have you spoken to your fiancé about your concerns and what your plans are for the future, take some time to focus and try to be stay positive.

[Mike E 11,740]

Once you have a 2 year green card, the onus is on you to prove you entered into the now terminated marriage in good faith.  
 

Once you have a 10 year green card, the burden of proof shifts to the USA government.  
 

For naturalization, the burden of proof shifts back to you.   
 

Bottom line is that divorce after you get a green card is by no means an automatic deportation.  
 

10 in person meetings is a good basis for marriage.  
 

 

Edited February 1, 2020 by Mike E

[TabeaK 517]

I think it is very rational to have these discussions -  the benefit of being slightly older is having the life experience that tells you things sometimes go wrong. If a pre-nup is important to you, make sure you get one. Divorce laws are state territory, do your due dilligence.

 

I did the move in my 30s too, left a great job and, I'll be honest, the adjustment stateside on K1 was super-rough. I would never do a K1 again, that whole period of not being able to work/drive etc almost killed me and was rough for my now husband who still feels guilty about me missing home.

 

Back then, it took me about 3-4 months to get the work permit and green card - I hear it is much longer now.

 

That has been 4 years now, I have a 10 year GC and my career is thriving and my husband and I are happy - I still miss Europe, but can't imagine not living with him.

 

By the way, once you have your GC you don't have to leave even if you were to divorce - you can leave if you want of course, but you don't have to.

Edited February 1, 2020 by TabeaK

[Fabercham 22]

1 minute ago, Summerbrezz07 said:

I can understand about feeling overwhelmed with such a life changing event, but being concerned about divorce before even getting married is not a good sign.People in life will always have their own personal thoughts and feelings about things. Ultimately it is your decision to do what is best for you. Have you spoken to your fiancé about your concerns and what your plans are for the future, take some time to focus and try to be stay positive.

I guess having experienced divorce before and being totally blindsided by it makes me more cautious. It taught me that even people you think would never do something can, and do. 

   Yes, we’ve spoken about it and he’s agreed to consult an attorney but he tends to think I have no reason to worry given that, apparently, legally in the US you can’t divorce someone and leave them with nothing so I’d have enough to either stay in the US until the end of my greencard, or at least fly back to the U.K.. 

[Mike E 11,740]

Btw https://www.visajourney.com/forums/forum/127-effects-of-major-family-changes-on-immigration-benefits/ is a forum with lots of K-1 horror stories.  

[TabeaK 517]

Just now, Fabercham said:

   Yes, we’ve spoken about it and he’s agreed to consult an attorney but he tends to think I have no reason to worry given that, apparently, legally in the US you can’t divorce someone and leave them with nothing so I’d have enough to either stay in the US until the end of my greencard, or at least fly back to the U.K.. 

That sounds fishy. It is probably jus a misunderstanding, but do your research. And most importantly, make sure YOU are prepared for all eventualities. 

[Fabercham 22]

14 minutes ago, TabeaK said:

 

I did the move in my 30s too, left a great job and, I'll be honest, the adjustment stateside on K1 was super-rough. I would never do a K1 again, that whole period of not being able to work/drive etc almost killed me and was rough for my now husband who still feels guilty about me missing home.

 

 

Your perspective is really helpful, I appreciate you sharing it!

 

I’m already anticipating the AOS period being tough. I actually read you can do postgraduate study while waiting though, as long as you can prove residency, so I’ve found a couple of graduate certificates i’m Interested in pursuing. If not, I’ll be volunteering a few days a week to keep myself sane! 

[NikLR 13,227]

11 minutes ago, TabeaK said:

That sounds fishy. It is probably jus a misunderstanding, but do your research. And most importantly, make sure YOU are prepared for all eventualities. 

Most states tend to award alimony for a period of time but the factors leading to alimony vary.  

 

2 minutes ago, Fabercham said:

Your perspective is really helpful, I appreciate you sharing it!

 

I’m already anticipating the AOS period being tough. I actually read you can do postgraduate study while waiting though, as long as you can prove residency, so I’ve found a couple of graduate certificates i’m Interested in pursuing. If not, I’ll be volunteering a few days a week to keep myself sane! 

Its hard to prove residency without the EAD.  The I-485 give you a period of authorized stay but most states do not give driver's licenses or ID based on that and you need an EAD.  Some allow a license or ID but its only valid for the period of the i-94. 

If you can pursue the certificates online that would be a positive. 

[Summerbrezz07 14]

36 minutes ago, TabeaK said:

That sounds fishy. It is probably jus a misunderstanding, but do your research. And most importantly, make sure YOU are prepared for all eventualities. 

I totally agree, last thing you want is be left not knowing which way to turn.

[yuna628 9,680]

3 hours ago, Fabercham said:

Hi all. I have about 6 weeks left in the U.K. before I move to the US on a K-1 visa. I’m looking forward to living life with my fiancé who I love and making new friends but lately I find myself with a lot of concerns.

   I am in my thirties and I’m giving up a good job to move over, one it took me a while to get. I am leaving behind family members who disagree with my decision and think I am burning my bridges and want me to live with him for 6 months first, to see if it works out. As you know, you cannot do this on a K-1. I’ve made 6 trips to the US and he’s visited U.K. 4 times. That’s the best we can do. 

   I haven’t heard of any stories of k1s not working out, other than horror stories with people from less developed countries, but I’m sure there are many. If my fiancé were to marry me but then want to divorce, I’d be left with no life to return to in the U.K. and only a two year greencard, or at best a 10 year one, so I would have to leave, right? My fiancé just reasons that US laws mean I’d get a good alimony but I’d like a prenup with some kind of agreement for how he might support me if I had to return to the U.K. and start over from scratch but I’m not sure if this is how it’d work at all. I’m just so nervous. I know it sounds very unromantic but my ex husband screwed me over financially, so I’m extra cautious.  

   Has anyone had a similar experience? Any advice appreciated!

 I think since you've been in a situation where you've been hurt before and had financial issues during a divorce, that thinking about a prenup is a good idea. As for 'hot mess' stories, well it's not just a tales from less developed countries... there's been a few from the UK too. That being said, even if something shouldn't work out - you still would have a life in the UK. You might not have the life the same way you had it presently, but you would have a life. The UK is always there for you. I suppose the larger question is why are there family members that disagree with your decision? Is there something about him in particular that they should urge caution? Is the relationship short? Do you have a financial plan? Consider that carefully.

 

[Boiler 45,666]

Alimony with a short marriage is unlikely, you do mention issues relating to the K1 and why is is rarely considered a good option.

[databit 328]

If YOU earn more money, YOU may be the one who has to pay alimony! This happened to my sister. And a person can indeed be "left with nothing" after divorce, if there were no shared assets and monies were strictly kept separate. Then you would only be entitled to what you own separately.

 

If you really want protection, get a prenup, always file taxes as "Married filing separately."

[Boiler 45,666]

One of our own members, in this case a USC, I believe received a substantial settlement is a similar sort of situation.

[little immigrant 801]

First, you can stay with a 2/10 year GC. Not sure where you heard you'd have to leave when you're a permanent resident. 

 

Second, if they want to divorce or not get married before your adjustment of status is adjucated, yes you'd have to go home as you don't have a Green card yet. (can't file AOS if you don't marry) 

 

This is the risk of the K1 visa. That's why the CR1 spousal visa is far more superior. That's the visa I entered on and I was a Green Card holder as soon as I entered. I could travel and work right away. 

 

If you're on the 2 year Green card and get divorced then, you can file for the removal of conditions yourself with a visa waiver. 

 

Good luck 

Edited February 1, 2020 by little immigrant