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  • fiance' visa

    If someone comes to USA on a fiance' visa, marries the petitioner and then they get divorced sim-months later. Can the alien, who has conditioanl resident status based on marriage to USC stay in the US?

  • #2
    If someone comes to USA on a fiance' visa, marries the petitioner and then they get divorced sim-months later. Can the alien, who has conditioanl resident status based on marriage to USC stay in the US?

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    • #3
      Yes, they have to file I-751 to remove conditional residence and prove that the marriage was a bona fide one even though they divorced after 6 months.

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      • #4
        I thought the fiance visa was for that person to marry the petition only. The marriage was not bona fide, at least not on the alien's side.

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        • #5
          I meant to say marry the petitioner...

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          • #6
            Absent of more information it is not possible to acurrately answer the way the post is phrased. After some months, has the alien (now ex-spouse) completed the AOS interview, been approved and received a conditional green card?
            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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            • #7
              Okay, I'm sorry...let me give more information about the situation. My now ex-husband came to the USA on a fiance' visa, we married a month later and our divorce was finalized seven months after our marriage. We did not have the initial interview yet. He did go for biometrics. To my knowledge he does not have conditional green card. The interview was scheduled for September and then we got another letter saying it had been canceled and he would be notified of further action under separate correspondence.

              I wrote to the USCIS saying I wanted to withdraw the petitions, finally they responded saying I couldn't withdraw the I-485 since my ex-husband was the petitioner. I sent them the divorce decree.

              I am very confused. I wouldn't expect the AOS to be approved when he is no longer married to me and thus the affidavit of support should be voided. I did the I-134 with the fiance' application and sent the I-864 with the I-485 application.

              Any advise is greatly appreciated.

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