Divorce while Adjustment of Status is in-process?

[MikeMUS 1]

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 10,743]

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 yesterday at 06:19 PM by OldUser

[OldUser 10,743]

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

[MikeMUS 1]

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 10,743]

1 minute ago, wildbug100420 said:

The beneficiary would have to leave the U.S 

Agreed, no other path available.

[SalishSea 18,591]

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 18,591]

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.

[Demise 1,470]

17 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.

 

Technically Matter of Sesay (BIA, 2011), does permit a K-1 to AOS (based on I-129F) after termination of marriage, provided that they married the petitioner within the 90 day period. But it'll be an uphill battle since you'd need to prove that you entered into the marriage in good faith, it was legit while it lasted, both which due to brevity would require some pretty good reasons for why you noped out, and hope that the petitioner is oblivious or cooperative and doesn't pull the I-864. 

 

K-1 can only really adjust via a petition filed by whoever got them the K-1, be it the original I-129F, a subsequent I-130, or a VAWA or Widow(er) I-360. If you came on a K-1, married, divorced, didn't get to AOS, and then you'll marry someone else you have to proceed as if you entered without inspection and there's a good chance that they might try to slap you with a marriage fraud finding under 204(c). 

Edited 6 hours ago by Demise

[MikeMUS 1]

9 minutes ago, Demise said:

 

Technically Matter of Sesay (BIA, 2011), does permit a K-1 to AOS (based on I-129F) after termination of marriage, provided that they married the petitioner within the 90 day period. But it'll be an uphill battle since you'd need to prove that you entered into the marriage in good faith, it was legit while it lasted, both which due to brevity would require some pretty good reasons for why you noped out, and hope that the petitioner is oblivious or cooperative and doesn't pull the I-864. 

 

K-1 can only really adjust via a petition filed by whoever got them the K-1, be it the original I-129F, a subsequent I-130, or a VAWA or Widow(er) I-360. If you came on a K-1, married, divorced, didn't get to AOS, and then you'll marry someone else you have to proceed as if you entered without inspection and there's a good chance that they might try to slap you with a marriage fraud finding under 204(c). 

Very, very helpful. Thank you.

[JeanneAdil 7,291]

2 hours ago, MikeMUS said:

Very, very helpful. Thank you.

While you are able to preceed with divorce waiver,  you have not yet been approved to green card to work so income is key

Any good immigration officer is going to not only question your intent to fraud but who is sponsoring income to proceed