Starting divorce before interview. What happens? [merged threads]

[Crazy Cat 39,375]

1 minute ago, x3n said:

Oh right. I didn't think of the option of getting married while here, and THEN going home and doing a CR1 (instead of K1) visa. That's pretty low to come over here on a K1 visa with one guy and then use it to set up a CR1 with a different guy. I would hope (but not really expect) USCIS would frown on that sort of thing.

 

Marriages fail every day.  She might be questioned, but unless you prove fraud, USCIS will do nothing.

[Redro 4,601]

13 minutes ago, Crazy Cat said:

Can she divorce the OP, marry the new guy, then Adjust Status through her new spouse?? (I know it would a lot different before marriage)

 From USCIS: 

If you do not marry your U.S. citizen petitioner, you generally cannot apply for a Green Card based on any other Green Card eligibility category. There are some limited exceptions. If you are granted U nonimmigrant status while in the United States (for victims of qualifying criminal activity) or T nonimmigrant status (for victims of a severe form of trafficking in persons), you may apply for a Green Card based on any eligibility category that applies to you. You may also depart the United States to seek a Green Card on a different basis.

 

 

 

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-fiancee-of-us-citizen

[Crazy Cat 39,375]

1 minute ago, Kor2USA said:

 From USCIS: 

If you do not marry your U.S. citizen petitioner, you generally cannot apply for a Green Card based on any other Green Card eligibility category. There are some limited exceptions. If you are granted U nonimmigrant status while in the United States (for victims of qualifying criminal activity) or T nonimmigrant status (for victims of a severe form of trafficking in persons), you may apply for a Green Card based on any eligibility category that applies to you. You may also depart the United States to seek a Green Card on a different basis.

 

 

 

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-fiancee-of-us-citizen

Thanks.....that applies before the marriage......what about after the marriage?

[SteveInBostonI130 3,319]

19 minutes ago, x3n said:

I've also read that USCIS will punish both parties even if only one was committing marriage fraud - so I'm hesitant to make a big deal about it.

 

If you are complicit by action or inaction, then I believe yes, USCIS could flag you.  Best to submit something in writing to USCIS stating that you suspect the marriage was not entered in good faith and that you withdraw your support (I-864).  Document your non-involvement.

 

Also, I hope you have acquired a good divorce attorney.

[Crazy Cat 39,375]

3 minutes ago, SteveInBostonI130 said:

 

If you are complicit by action or inaction, then I believe yes, USCIS could flag you.  Best to submit something in writing to USCIS stating that you suspect the marriage was not entered in good faith and that you withdraw your support (I-864).  Document your non-involvement.

 

Also, I hope you have acquired a good divorce attorney.

Agree.  Once the I-485 is approved, it is too late.  The I-864 will be in full force.

[mari04 100]

I see a lot of incorrect answers, including Arlen etc. if you divorce it does not matter: if she came on K1 visa and you divorce BEFORE APS is approved, unless she files vawa and get approved, SHE HAS TO LEAVE. No other option. Just withdraw your support. This is all you need to do to send her packing. 

Edited November 15, 2021 by mari04

[R. Wolfe 24]

I submitted a request to withdraw the I-864 more than a month ago but haven't seen any evidence that it has been processed yet.

 

But as to the original question, as far as anyone knows there isn't a difference (as regards future petitions) between withdrawing an I-485 and having it denied due to a bad interview?

 

May as well request the withdraw then, as that would remove the stress of the AoS somehow being granted despite the divorce, evidence of illegal work, and all that.

 

[arken 4,197]

48 minutes ago, x3n said:

and the interview date is rapidly approaching

If your know the interview date or location where she will be interviewed, send a letter to that field office regarding your pending i864 withdrawal, marriage issues and pending divorce. In any case, if the interview is scheduled, she going by herself would very likely result in i485 denial. But sending a letter to the field office is important.

[Boiler 43,588]

2 minutes ago, mari04 said:

I see a lot of incorrect answers, including Arlen etc. if you divorce it does not matter: if she came on K1 visa and you divorce BEFORE APS is approved, unless she files vawa and get approved, SHE HAS TO LEAVE. No other option. Just withdraw your support. This is all you need to do to send her packing. 

APS?

 

She should leave, whether she does or not is not in the OP's control.

 

A K1 can not adjust through marriage other than through the original sponsor.

[Boiler 43,588]

1 minute ago, arken said:

If your know the interview date or location where she will be interviewed, send a letter to that field office regarding your pending i864 withdrawal, marriage issues and pending divorce. In any case, if the interview is scheduled, she going by herself would very likely result in i485 denial. But sending a letter to the field office is important.

He has sent the letter, as he is hyper about it going for the interview would seem cheap insurance

[arken 4,197]

1 minute ago, Boiler said:

He has sent the letter, as he is hyper about it going for the interview would seem cheap insurance

Yeah, not sure if he sent the withdrawal to NBC or a lockbox based on AOS filing address or the correct field office. Making sure he sends one to the field office.

[R. Wolfe 24]

Yeah, I suppose I am more anxious than I should be. The legalese in that I-864 is pretty scary given my wife's actions and attitudes.
I have sent a withdrawal for the I-864 to field office.
I followed up with a letter containing evidence of her work (without authorization, and without reporting income).
I also reported the work to the ICE tip site some time ago - but nothing came of that and she's no longer working regardless.

I will explain to my wife how to send a withdrawal for the I-485 as she needs to do that herself and seems keen to do so (she believes it makes a difference to cancel vs be denied, which is what prompted my question).

I will plan to go to the interview. I expect that she will not. I will bring another copy of the I-864 withdrawal and work evidence in case they care.

 

Thanks for the help and advise everyone.
 

[arken 4,197]

12 minutes ago, mari04 said:

I see a lot of incorrect answers, including Arlen etc. if you divorce it does not matter: if she came on K1 visa and you divorce BEFORE APS is approved, unless she files vawa and get approved, SHE HAS TO LEAVE. No other option. Just withdraw your support. This is all you need to do to send her packing. 

What wrong!! OP was saying she may leave US and pursue another K1. I said she may stay, marry and start the spousal petition. Who can tell what she gonna do.

 

As said, she may or may not leave. Only ICE can make her leave, not any others.

[Redro 4,601]

31 minutes ago, Crazy Cat said:

Thanks.....that applies before the marriage......what about after the marriage?

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

Chapter 7 - Other Barred Adjustment Applicants

F. Nonimmigrant Admitted as Fiancé(e) of U.S. Citizen

A nonimmigrant fiancé(e) of a U.S. citizen cannot adjust status except on the basis of the marriage to the U.S. citizen who filed a Petition for Alien Fiancé(e) (Form I-129F) on behalf of the fiancé(e). [14] Likewise, a child of the fiancé(e) may only adjust on the basis of his or her parent’s marriage to the U.S. citizen petitioner. [15] 

The terms of the nonimmigrant fiancé(e) status require that the nonimmigrant fiancé(e) marry the petitioner within 90 days after becoming a nonimmigrant. [16] Furthermore, if the nonimmigrant has not been married for two years or more at the time of adjustment, the nonimmigrant fiancé(e) and any children of the fiancé(e) may only obtain permanent residence on a conditional basis. [17] 

 

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.[18] The applicant remains subject to all conditional permanent residency requirements, if applicable. [19] 

 

 

 

 

 

[R. Wolfe 24]

I sent the I-864 withdrawal requests to both USCIS and the local field office (where our biometrics were done and where the interview is). Both were certified mail and I received delivery receipts for both. This was just over a month ago.