Guidance/Advice

[Questioner1 0]

My fiance entered the US on a K1 visa. She did marry her petitioner and they were building their lives together as planned. Her green card application and work permit application were filed about a month later, but haven't had any progress aside from being transferred to a different service station. Fast forward to today and their marriage didn't work out - won't go into the reasons why - and they divorced. We met and have been planning our future - just not sure what process to follow regarding her status. 

[SalishSea 18,618]

Wow, that timing is going to attract scrutiny....   hasn't even gotten the GC through the original petitioner, and now is already engaged to you?  Are you from the same country?  Did you know her before she got here?

[Crazy Cat 45,727]

26 minutes ago, Questioner1 said:

My fiance entered the US on a K1 visa. She did marry her petitioner and they were building their lives together as planned. Her green card application and work permit application were filed about a month later, but haven't had any progress aside from being transferred to a different service station. Fast forward to today and their marriage didn't work out - won't go into the reasons why - and they divorced. We met and have been planning our future - just not sure what process to follow regarding her status. 

She won't be getting a Green Card through the former marriage.  Her legal path to remaining in the US is extremely unlikely based on what you posted. She will be out of status soon as USCIS will certainly deny her I-485 when they find out about the divorce.  If I were her, I would leave the US now before accruing 6 months of unlawful presence. You can then start planning for a future life together.

 

Edited 2 hours ago by Crazy Cat

[Questioner1 0]

10 minutes ago, SalishSea said:

Wow, that timing is going to attract scrutiny....   hasn't even gotten the GC through the original petitioner, and now is already engaged to you?  Are you from the same country?  Did you know her before she got here?

No, didn't know each other. Not from the same country. Chance meeting here after the original marriage fell apart

[appleblossom 5,276]

26 minutes ago, Questioner1 said:

My fiance entered the US on a K1 visa. She did marry her petitioner and they were building their lives together as planned. Her green card application and work permit application were filed about a month later, but haven't had any progress aside from being transferred to a different service station. Fast forward to today and their marriage didn't work out - won't go into the reasons why - and they divorced. We met and have been planning our future - just not sure what process to follow regarding her status. 

 

So they only filed for her adjustment of status a month ago but have already divorced? Have they definitely divorced, or are they just separated? When did she enter on the K-1 and when did she marry her petitioner?

 

She needs to leave asap, as she no longer has a basis to stay in the US if she's no longer married to the petitioner. If she overstays she risks a ban which will add complication, cost, and a considerable amount of time to your journey together.

 

Frankly, you're a long way off being able to apply for anything, if she tried now that would not be a good idea! So just plan for her to go home and then to visit each other for the time being, build your relationship, see what happens and then in time look at your visa options. 

Edited 2 hours ago by appleblossom

[Questioner1 0]

4 minutes ago, Crazy Cat said:

She won't be getting a Green Card through the former marriage.  She will be out of status soon as USCIS will certainly deny her I-485 when they find out about the divorce.  If I were her, I would leave the US now before accruing 6 months of unlawful presence. You can then start planning for a future life together.

 

Not after that - I've read through a bunch of things and the possibility of her submitting her notice of divorce and withdrawing the 485 - along with me filing as the support/sponsor and starting everything over. She's already here and came in with a bona fida fiance/marriage that didn't work out because the petitioner waited until he got here to show his true character

[Crazy Cat 45,727]

2 minutes ago, Questioner1 said:

I've read through a bunch of things and the possibility of her submitting her notice of divorce and withdrawing the 485 - along with me filing as the support/sponsor and starting everything over. 

That's not how it works.  A K-1 MUST adjust status through the original petitioner. 

Edited 1 hour ago by Crazy Cat

[Questioner1 0]

2 minutes ago, appleblossom said:

 

So they only filed for her adjustment of status a month ago but have already divorced? Have they definitely divorced, or are they just separated? When did she enter on the K-1 and when did she marry her petitioner?

 

She needs to leave asap, as she no longer has a basis to stay in the US if she's no longer married to the petitioner. If she overstays she risks a ban which will add complication, cost, and a considerable amount of time to your journey together.

 

Frankly, you're a long way off being able to apply for anything, if she tried now that would not be a good idea! So just plan for her to go home and then to visit each other for the time being, build your relationship, see what happens and then in time look at your visa options. 

No - you misread. She filed the adjustment a month after they married, not a month ago.....

[Crazy Cat 45,727]

6 minutes ago, Questioner1 said:

She's already here and came in with a bona fida fiance/marriage that didn't work out because the petitioner waited until he got here to show his true character

Unfortunately, that is one of the risks of a K-1.  She has no path to remain EXCEPT through the original petitioner.

Edited 1 hour ago by Crazy Cat

[appleblossom 5,276]

4 minutes ago, Questioner1 said:

No - you misread. She filed the adjustment a month after they married, not a month ago.....

 

Either way, that route is dead in the water. She should have left as soon as the divorce went through, she has no basis to be in the US now.

 

 

[Questioner1 0]

1 minute ago, Crazy Cat said:

But that is irrelevant.  That is one of the risks of a K-1.  She has no path to remain EXCEPT through the original petitioner.

I'm taking the optimistic approach that every rule can be bent. I've seen enough in my life to know there are no absolutes in life. 

 

Anyone been through anything similar?

1 minute ago, appleblossom said:

 

Either way, that route is dead in the water. She should have left as soon as the divorce went through, she has no basis to be in the US now.

 

 

Either way, pessimism???

 

Anybody been through a similar experience?

[Crazy Cat 45,727]

Just now, Questioner1 said:

I'm taking the optimistic approach that every rule can be bent. I've seen enough in my life to know there are no absolutes in life. 

 

Anyone been through anything similar?

You will be fighting a losing battle which cause her to be banned from the US........If I were her, I would leave asap. 

1 minute ago, Questioner1 said:

Anyone been through anything similar?

We have seen many cases like this. 

 

[Questioner1 0]

39 minutes ago, Questioner1 said:

My fiance entered the US on a K1 visa. She did marry her petitioner and they were building their lives together as planned. Her green card application and work permit application were filed about a month later, but haven't had any progress aside from being transferred to a different service station. Fast forward to today and their marriage didn't work out - won't go into the reasons why - and they divorced. We met and have been planning our future - just not sure what process to follow regarding her status. 

Let me change the approach here a little.

 

Has anybody got any real life experiences in a matter like this? I know the documentation and internet searches always pull up that it's all doom and gloom. In life, nothing is black and white and there are always people who have been through experiences that should have been hopeless or lost causes - that turned out fine.

[appleblossom 5,276]

Just now, Questioner1 said:

I'm taking the optimistic approach that every rule can be bent. I've seen enough in my life to know there are no absolutes in life. 

 

I'm all for optimism, but these aren't rules, they're laws. There's a big difference. Rules can be bent as there is often an element of discretion when it comes to applying them. Laws not so much.

[Crazy Cat 45,727]

https://www.hooyou.com/k-1/k-1-restrictions.html

 

• The K-1 visa holder’s status cannot be adjusted unless he or she married the person who originally filed the petition, within 90 days of arrival to the US. If the K-1 visa holder meets someone else, they will be required to return to their home country and start the process over again.