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  • HELP PLEASE

    My wife came to the united states on a k1 visa. We have been married for almost 2 years. We have a 8 month child and are on the verge of divorce. What happens if we get divorced? Will she be deported as I havent filed for adjustment of status for her yet all this long? Who will get custody of the child? She does not have her green card yet and it will be 2 years in october that we are married. Please forward me any information that you can.

  • #2
    My wife came to the united states on a k1 visa. We have been married for almost 2 years. We have a 8 month child and are on the verge of divorce. What happens if we get divorced? Will she be deported as I havent filed for adjustment of status for her yet all this long? Who will get custody of the child? She does not have her green card yet and it will be 2 years in october that we are married. Please forward me any information that you can.

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    • #3
      Hi Rodney and welcome,

      Are you saying you never filed any paperwork for her to obtain her greencard? The paperwork should have been filed soon after you were married. I'm afraid your wife is already out of status if this is the case. The K-1 visa expires after 3 months.

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      • #4
        Hello rodney

        do your child and wife a favor and do the proper thing.

        File the paperwork for adjustment of status. I-130, i-485, I-765, I-693 and the affidavit of support I-864. You will need to be the sponser for the affidavit of support. the cost will be a little over a $1000 to complete paperwork. If the interview occurs after oct (2 years married), then she will have a permanent 10 yrs card. the divorce should not be filed and should be delayed until she receives greencard in hand. do not seperate before the 1st interview.

        Catholic social services will generally do this for you at a reduced rate to prepare the applications. the fees will remain the same.

        Mother will most likely get physical custody and you will pay monthly child support. You also have the option for going after physical custody

        Try to work out the marriage. it is very tough raising a child without both parents.

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        • #5
          Listen to The various sides!!! If She Truly loves the child and is a worthy Parent??? Also Protect Yourself!!! Make sure Your actions are in the best Interest Of The Child. Very difficult situation!!!!
          USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

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          • #6
            She will be deported. Custody of the child is not part of immigration law. That will have to be settled by a court. You must file for custody now in an American court to preserve your rights. A foreign court will not give you any chance. File now for both temporary and permanent custody. Report your divorce to USCIS and, in writing, withdraw your sponsorship of your wife. What you do now will control what happens later. Make sure you get a stay away order for your wife as she will attempt to kidnap the child and return home. Only let a member of your family or other trusted person provide any day care, etc.

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