Divorce while Adjustment of Status is in-process?

[MikeMUS 0]

Apologies if this has been asked before. I searched but did not see anything. If someone came to the USA on a Fiance visa, married within the 90-day window, and submitted the proper Adjustment of Status paperwork (in other words, they followed the correct process)  ... but while that Adjustment for a Green Card was in-process, they filed for divorce, what would be the outcome? Clearly, they would no longer have their original sponsor and that original adjustment process would be stopped. But assume they then married a different person and then filed a new Adjustment of Status with that second marriage ... would that be allowed? Or would immigration flag this as some sort of fraud. I cannot find an answer to this question. I appreciate any insights.

[OldUser 10,734]

1 minute ago, MikeMUS said:

 But assume they then married a different person and then filed a new Adjustment of Status with that second marriage ... would that be allowed? Or would immigration flag this as some sort of fraud. 

Sure if would be flagged as fraud and scrutinized a lot.

It's called "we believe your current marriage, but what about that first marriage you had to US citizen?"

 

Additional point... K-1 visa holders can ONLY adjust status through marriage to person who sponsored them for K-1 visa. Not anybody else.

Edited 6 hours ago by OldUser

[OldUser 10,734]

~ Thread was moved to more fitting forum - Effects of Major Family Changes on Immigration Benefits ~

[MikeMUS 0]

8 minutes ago, OldUser said:

Sure if would be flagged as fraud and scrutinized a lot.

It's called "we believe your current marriage, but what about that first marriage you had to US citizen?"

 

Additional point... K-1 visa holders can ONLY adjust status through marriage to person who sponsored them for K-1 visa. Not anybody else.

Perfect. Thank you for this. This is what I assumed. Also, thanks for the note about adjusting status only via their K-1 visa. That is insightful.

[wildbug100420 341]

2 hours ago, MikeMUS said:

Apologies if this has been asked before. I searched but did not see anything. If someone came to the USA on a Fiance visa, married within the 90-day window, and submitted the proper Adjustment of Status paperwork (in other words, they followed the correct process)  ... but while that Adjustment for a Green Card was in-process, they filed for divorce, what would be the outcome? Clearly, they would no longer have their original sponsor and that original adjustment process would be stopped. But assume they then married a different person and then filed a new Adjustment of Status with that second marriage ... would that be allowed? Or would immigration flag this as some sort of fraud. I cannot find an answer to this question. I appreciate any insights.

The beneficiary would have to leave the U.S 

[OldUser 10,734]

1 minute ago, wildbug100420 said:

The beneficiary would have to leave the U.S 

Agreed, no other path available.

[SalishSea 18,589]

3 hours ago, MikeMUS said:

Apologies if this has been asked before. I searched but did not see anything. If someone came to the USA on a Fiance visa, married within the 90-day window, and submitted the proper Adjustment of Status paperwork (in other words, they followed the correct process)  ... but while that Adjustment for a Green Card was in-process, they filed for divorce, what would be the outcome? Clearly, they would no longer have their original sponsor and that original adjustment process would be stopped. But assume they then married a different person and then filed a new Adjustment of Status with that second marriage ... would that be allowed? Or would immigration flag this as some sort of fraud. I cannot find an answer to this question. I appreciate any insights.

If it sounds like fraud to VJ strangers, imagine how it will sound to professionals at USCIS?  100% FRAUD.

[SalishSea 18,589]

2 hours ago, MikeMUS said:

Also, thanks for the note about adjusting status only via their K-1 visa. That is insightful.

Not just insightful.  Petitioner's name is literally printed on the K-1 visa in the beneficiary's passport.