Hello Pasha Patel

[isabela143]

my aunt insists on this. she said, she had consulted an attorney and he said, K1 visa soon to be divorced can marry another USC, (I-130).

can you please send me any copy or excerpt or website of the said provisions for K1 visa holder? my aunt wont spend money for my ticket back to home country, she is insisting on this.

we read some topics exchanged by SAMMY and cassandra. Cassandra had the same case back in 2001. she was getting divorced and I-485 was withdrawn. she had a bf and was advised by SAMMY to marry the soonest her USC bf and file I-130. same advise from atty of auntie. my aunt is throwing me all this. i said to her, cassandra probably came in this country with another type of visa other than K1.


please help. thank you so much Pasha.

[isabela143]

my aunt insists on this. she said, she had consulted an attorney and he said, K1 visa soon to be divorced can marry another USC, (I-130).

can you please send me any copy or excerpt or website of the said provisions for K1 visa holder? my aunt wont spend money for my ticket back to home country, she is insisting on this.

we read some topics exchanged by SAMMY and cassandra. Cassandra had the same case back in 2001. she was getting divorced and I-485 was withdrawn. she had a bf and was advised by SAMMY to marry the soonest her USC bf and file I-130. same advise from atty of auntie. my aunt is throwing me all this. i said to her, cassandra probably came in this country with another type of visa other than K1.


please help. thank you so much Pasha.

[Pasha Patel]

Hi isabela...

Once again sorry to say that the answer is no... u will have to leave the country if u don't get married to same person...that is the reason why fiancé visa is not the first choice to select coz u don't know whats gonna happen.... I don't know if laws have changed recently...but sorry...its not possible... kindly read the line written in italic and small letters...good luck...Pasha

Please note that in any circumstances you did not marry the citizen who filed the petition, you are to leave the US and come on another type of visa. You are not eligible to change status on any basis. Your visa is not transferrable in anyway.

http://www.kamya.com/intro/k-1a.html#m

[Still Learning]

Pasha, my understanding is that she married the USC. They are getting divorced. She wonders if she can adjust after marrying ANOTHER citizen (after her divorce). Is that right, Isabela?

[Old Man]

INA §245(d) is very clear. The foreign fiancé(e) (and dependents) can only get the "green card" through the US citizen that brought them to the US.

[isabela143]

Yes correct "Still Learning". I did follow what was said on the K1 visa. Married my petitioner within the 90 day period. I been here for a year now.

Problem is, we withdrew in April 2005 the AOS petition (adjustment of status/register to permanent residency/conditional green card) as we have agreed to file a divorce which will be finalized this May 2005.

I understand the conditions stated on the K1 visa which was to marry the petitioner within the 90 day period and have been together as husband and wife for a year.

It didnt work out. So does that mean that if a USC man married a foreign lady admitted on a K1 visa and stayed as husband and wife for 5 years and not let her have a work permit, SS card, didnt apply for AOS, the foreign lady has still to return to her home country? That she still cant be eligible to change status after such period of time being here in the USA? And even if she decides to marry another USC after the divorce?

Well, if the law says so....

[Pasha Patel]

Thanks still for pointing that out... in hurry I didn't notice that point at all...

Hi isabela... if ur already married to K1 petitioner then you get a green card through him only... if ur AOS is done and you have a conditional green card then u r like anyone else with conditional green card and you will have to file a waiver 90 days before expiration date on your green card...if you haven't had your AOS interview yet then there is still a hope but I m not an attorney so I could be wrong... but its worth talking to a good lawyer... you can still waive the joint filing requirement based on VAWA if u qualify for that.... Read following...

roopa : Hello! I came to this country on a K1 visa but I have not yet got my AOS. I am presently going through unbearable verbal and mental abuse from my husband and his family. what are my chances of getting permanent residency before my AOS if I file for a divorce now? I cannot wait one day longer. Thank you.

SPEAKER_Attorney_Murthy : Roopa, a waiver is possible of the joint filing requirements. The VAWA was passed by the US Congress and other measures to protect spouses in such cases. You should consult with an attorney.

Source - http://www.murthy.com/chatlogs/chat1120_P.html

Good luck...Pasha