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K1 visa to permanet residence interview, but divorce

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  • K1 visa to permanet residence interview, but divorce

    Hi
    My wife and I married when she came on K1 visa.
    We are to appear for interview in 2 weeks for permanent residence (the first conditiinal 2 years).However, we are in the verge of divorce and she moved out from the house.
    Question: What are her rights and what are my responsibilities? I don't want to go to the interview as this marriage is not working. Thanks

  • #2
    Hi
    My wife and I married when she came on K1 visa.
    We are to appear for interview in 2 weeks for permanent residence (the first conditiinal 2 years).However, we are in the verge of divorce and she moved out from the house.
    Question: What are her rights and what are my responsibilities? I don't want to go to the interview as this marriage is not working. Thanks

    Comment


    • #3
      If you don't go to the interview, you wife will not get a green card. There is no requirement for you to go to the interview if you are no longer supportive of the petition. The green card application will be denied. As your wife came here on a K1 visa, in most cases she will be unable to change her status to any other visa.

      Comment


      • #4
        As Ms Mani said, if you don't appear, the petition will be denied, but you can also write to the USCIS and formally withdraw it if you want.

        Once the petition is withdrawn, denied, or considered abandoned, she will be out of status and will be required to leave the US. She can not adjust status in any other way from a K1 visa except through marriage to the sponsoring fiance/spouse.
        **************************************
        The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mrs. Mani:
          If you don't go to the interview, you wife will not get a green card. There is no requirement for you to go to the interview if you are no longer supportive of the petition. The green card application will be denied. As your wife came here on a K1 visa, in most cases she will be unable to change her status to any other visa. </div></BLOCKQUOTE>

          Yes, indeed, that's true in most marriage-based AOS applications. But if (and only if) the couple happened to reside within the jurisdiction of the 9th Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Oregon and Washington), there might be a glimmer of hope on the the K-1/alien's horizon. Please see Choin v. Mukasey.

          Comment


          • #6
            Thank you all for the reply. I am more worried about spousal support/alimony as she has no job and actually waiting for soc security no. I have not filed for divorce, but if I withdraw my petition that should be my strongest act, right? Also what rights does she have although she still does not have a temporary green card?
            Thanks

            Comment


            • #7
              all of you are forget about the I-360. believe me ita can of worm. specially when you bought her on K1.

              Let me see people's thoughts about withdrawing petition after marriage when someone brings alien on K1 and then marry, with all package including I-864/864W and then try to get out of obligation of 864 ( ten years support requirement)
              Is there any question about marriage not entered in good faith?
              any one?
              Its a discussion, not a legal advise..

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mohan:
                all of you are forget about the I-360. believe me ita can of worm. specially when you bought her on K1.

                Let me see people's thoughts about withdrawing petition after marriage when someone brings alien on K1 and then marry, with all package including I-864/864W and then try to get out of obligation of 864 ( ten years support requirement)
                Is there any question about marriage not entered in good faith?
                any one? </div></BLOCKQUOTE>

                So is he still responsible for the 864 even if the adjustment is abandoned?

                She could have married in good faith, also consummated the marriage. Now she has fallen out of love..and that doesn't conclude bad faith at all. Its perfectly ok for a spouse who is not satisfied to leave.

                Comment


                • #9
                  If the marriage is no longer viable (asis evident by her moving out)you'd be misleading USCIS by pursuing the adjustment of status. It doesn't matter if you choose not to appear or formally withdraw the Affidavit of Support that is part of her application, as once the application is denied, the Affidavit no longer stands. <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Hifrhi:
                  Hi
                  My wife and I married when she came on K1 visa.
                  We are to appear for interview in 2 weeks for permanent residence (the first conditiinal 2 years).However, we are in the verge of divorce and she moved out from the house.
                  Question: What are her rights and what are my responsibilities? I don't want to go to the interview as this marriage is not working. Thanks </div></BLOCKQUOTE>

                  Comment


                  • #10
                    I think I failed to mention that we married 4 months ago, so this is our first interview for her
                    conditional 2 years green card.

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Hifrhi:
                      I think I failed to mention that we married 4 months ago, so this is our first interview for her
                      conditional 2 years green card. </div></BLOCKQUOTE>


                      Hello Hifrnhi


                      We understood that this is the first interview.

                      What you have to decide is what you plan to do. If you are going to file for divorce, then you need to do so and you also need to write a letter withdrawing the petitions and withdrawing the affidavit of support.

                      You are permitted to do so at this time because the petitions are still pending. If you would go to the interview and they would be approved, then you would no longer be able to withdraw them, regardless if you get a divorce or not.

                      Normally your wife would be denied adjustment of status in a case relating to a divorce. However, based on recent court ruling, it is now "possible" that she can get the conditional green card because she came in on a K1. This ruling is applicable to K1 spouse only.


                      You will need to be careful because she has moved out of the house and possibly it has been suggested to her to file I-360 VAWA claim to seek greencard. (google this nightmare)

                      The following information applies to your spouse and not you if you choose to pass it on to her. :



                      Marriage-Based Applicant Eligible for I-485 Approval Even after Divorce Posted Sep 05, 2008
                      ©MurthyDotCom


                      On August 12, 2008, in Choin v. Mukasey, the U.S. Court of Appeals for the Ninth Circuit ordered the Board of Immigration Appeals (BIA) to consider Yelena Choin’s Form I-485 Application for Adjustment of Status based upon marriage, even though she was no longer married to her U.S.-citizen husband. Generally, a foreign national spouse who is filing for permanent residence based upon marriage to a U.S. citizen must still be married at the time of the green card approval. The Court found an exception to this for spouses who enter the U.S. on the K-1 fiancé/e visa. This interpretation is limited to a K-1 fiancé/e of a U.S. citizen. There is a specific section of law that addresses the adjustment of status of K-1s and it is the wording of that section that led to the conclusion reached by the Court



                      further reading here


                      Juat remember that if you are not going to stay with her, you want to withdraw those petitions and affidavit in case you want to bring a new wife in on a k-1.

                      Comment


                      • #12
                        Thank you 4now.
                        I will be doing that soon.
                        Interesting article!

                        Comment


                        • #13
                          Just send a letter to USCIS notifying them that you are divorcing.

                          Comment



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