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Thread: K1 visa to permanet residence interview, but divorce

  1. #1
    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. #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

  3. #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.

  4. #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    Once the petition is withdrawn, denied, or considered abandoned, she will be out of status and will be required to leave the US.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

  5. #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.

  6. #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

  7. #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..

  8. #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.

  9. #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>

  10. #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.

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