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avsrule

KI Visa Sponsor & Divorce

By avsrule in K-1 Fiance(e) Visa Process & Procedures

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avsrule Newbie

avsrule   3

Posted
Filed: K-1 Visa Timeline
Posted

I am trying to figure out what needs to be done to end my sponsor ship of my dil.  She is no longer living with us and she has not filed for her status update.  I don't want to be on the hook for her and I personally think this whole marriage and visa business was fraudulent on her part.  Any suggestions or ideas would be most appreciated.

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Crazy Cat Grand Master

Crazy Cat   39,548

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

What form did you complete?  I-134 for her K-1 or I-864 for her adjustment of status?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   39,548

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

Exactly where is she is the Green card process?

1.  The I-134 is not legally enforceable.

2.  If her Green Card has not been approved, you can withdraw the I-864.  Once her Green card is approved, you are bound by the agreement until she is no longer a legal resident or has accrued 40 quarters of work credit.

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Boiler Grand Master

Boiler   43,680

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Very much depends waht you agreed to, if the I 864 it is very clear on this subject.

“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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Mike E Grand Master

Mike E   11,725

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted
1 hour ago, avsrule said:

She is no longer living with us and she has not filed for her status update. 

Do you mean she hasn’t filed her Adjustment of Status?

 

If so, then 90 days after her arrival to the USA she is not lawfully present. When she is deported you are off the hook. 

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avsrule Newbie

avsrule   3

Posted
Filed: K-1 Visa Timeline
  • Author
Posted
7 minutes ago, Mike E said:

Do you mean she hasn’t filed her Adjustment of Status?

 

If so, then 90 days after her arrival to the USA she is not lawfully present. When she is deported you are off the hook. 

She is here on a K1 visa and they have fulfilled all the requirements up to the adjustment of status.  Do I need to let the USCIS know that they are divorcing?

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Crazy Cat Grand Master

Crazy Cat   39,548

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
2 minutes ago, avsrule said:

She has not received a green card.  I filed the I-134.  The Adjustment of status has not been filed.  They have been married for 2 years and didn't have the money to file for the adjustment.

An I-134 is not legally binding. Do not sign an I-864.......you are not "on the hook".

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
2 minutes ago, avsrule said:

She is here on a K1 visa and they have fulfilled all the requirements up to the adjustment of status.  Do I need to let the USCIS know that they are divorcing?

Nope

12 minutes ago, Mike E said:

Do you mean she hasn’t filed her Adjustment of Status?

 

If so, then 90 days after her arrival to the USA she is not lawfully present. When she is deported you are off the hook. 

Never on the hook

YMMV

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DaveAndAnastasia Experienced

DaveAndAnastasia   2,079

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
56 minutes ago, avsrule said:

She has not received a green card.  I filed the I-134.  The Adjustment of status has not been filed.  They have been married for 2 years and didn't have the money to file for the adjustment.

For reference, delaying AOS due to inability to pay the filing fees is an incredibly bad idea (though that they haven't is good for you in this case).

Borrow the money or put it on a credit card and find a cosponsor, but file.

 

If you don't file within 90 days, the beneficiary is out of status and potentially deportable.

 

And more importantly for anyone short on money, if you don't file for AOS, the beneficiary can't get an EAD or green card and work legally.

Income from even a minimum wage, part-time job will likely be more than AOS fees in a very short time. 

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

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Crazy Cat Grand Master

Crazy Cat   39,548

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
9 minutes ago, DaveAndAnastasia said:

For reference, delaying AOS due to inability to pay the filing fees is an incredibly bad idea (though that they haven't is good for you in this case).

Borrow the money or put it on a credit card and find a cosponsor, but file.

 

If you don't file within 90 days, the beneficiary is out of status and potentially deportable.

 

And more importantly for anyone short on money, if you don't file for AOS, the beneficiary can't get an EAD or green card and work legally.

Income from even a minimum wage, part-time job will likely be more than AOS fees in a very short time.

All great points.  There just are no benefits in waiting to file for adjustment....

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Mike E Grand Master

Mike E   11,725

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted
3 hours ago, avsrule said:

She is here on a K1 visa and they have fulfilled all the requirements up to the adjustment of status.  Do I need to let the USCIS know that they are divorcing?

I don’t know what “up to the adjustment of status means”.  Has I-485 been filed or not ? If filed, has it been approved?

 

Provably best if you complete your timeline.  

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