Dissolution of Marriage without filing Adj of Status

[ariesgirl1970 0]

I am the US petitioner and hubby is from the UK. Our marriage was entered on good faith and a true relationship. Unfortunately things have broken down between us and though I still care for him, the stress problems is finally taking its toll on us. I am seeking a dissolution to the marriage because throughout the K-1 visa it puts strains on the relationship that I thought we could resolve once we got married. It has not worked. He had sent the Adj of Status off, but cancelled the check so the packet is null and void at this point. He is making plans to leave the country in a few days time before we have any legal proceedings even started. I dont know how this effects things with USCIS. Do I have to contact them and let them know the marriage is ending even though he never successfully filed the I-485a for Adjustment of Status and what happens then? If he doesnt leave, stays in the country, out of status does my Affidavit of Support from the K-1 visa still make me responsible? Really confused and sad it all turned into this.

Thank you

[Bobby+Umit 161]

Do I have to contact them and let them know the marriage is ending even though he never successfully filed the I-485a for Adjustment of Status and what happens then?

You can - but your under no obligation at this point to do so. However - I would ensure that the AOS was cancelled (and the 864 is withdrawn) just in case it filtered through for some reason.

If he doesnt leave, stays in the country, out of status does my Affidavit of Support from the K-1 visa still make me responsible?

No - the I-134 doesn't have the same "teeth" as the 864.

I would recommend he leaves as soon as possible - if he wishes to conserve his right to come visit the US at a later time. He is aquiring "out of status" days from the last day on the I-94 - and if he goes over 180, he will get a ban on re-entry.

You may wish to wait till the divorce is started prior to him leaving - just to smooth things for the process.

[Debbie&Dave 0]

I am so sorry to hear this. Wish you the best.

[JoannaV 173]

I'm sorry to hear that :-( The I-134 is not legally binding. You do not need to do anything, however after the marriage is officially over and he has left the country I would send a letter explaining the situation to USCIS, just so that if you ever petition someone for a visa again they will have a paper trail showing that you did nothing untoward this time.