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naeem5175

Left USA while on K1 status

By naeem5175 in Effects of Major Family Changes on Immigration Benefits

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naeem5175 Newbie

naeem5175   0

Posted
Filed: K-1 Visa Timeline
Posted

I came to United State on K1 visa and registered my marriage within 90 days, I don't know if he ever filed for change of status for me.

My husband sent me back to Pakistan and told me that I can come back whenever I want to, I did not know anything about immigration process.

Now, he does not want me to come back and threatend me that he would file the divorce, How can I re-enter to USA or if he files the divorce can I get visa to contest my divorce? Please help me.

Sylvia_n_Joseph Proficient

Sylvia_n_Joseph   3

Posted
Filed: K-1 Visa Country: Nigeria
 Timeline
Posted

If you left without filing to adjust status then you have used up your K1 status and he needs to petition as a k3.cr1 for you and start all over.

First visit:2007-09-12 to 2008-09-23

I-129F Sent : 2007-11-24

I-129F NOA1 : 2007-11-30

I-129F NOA2 : 2008-03-31

NVC Received : 2008-04-21

NVC Left : 2008-04-23

Consulate Received : 2008-04-28

Packet 3 Received : 2008-05-20

Interivew date : 2008-08-07 CO asks inappropraite questions

His father died: 2008-08-18

Retain Marc Ellis 2008-09

Visited Nigeria again: 2008-11-12

petitioned returned to CSC :2008-11-27

returned to USA 2008-12-13

His father buried 2009-01-03

picks up K1 visa Nov 2009

Marriage Dec 2009

take throne as Igwe /Lolo 2010 or 2011

jeffmich2007 Contributor

jeffmich2007   0

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted
I came to United State on K1 visa and registered my marriage within 90 days, I don't know if he ever filed for change of status for me.

My husband sent me back to Pakistan and told me that I can come back whenever I want to, I did not know anything about immigration process.

Now, he does not want me to come back and threatend me that he would file the divorce, How can I re-enter to USA or if he files the divorce can I get visa to contest my divorce? Please help me.

K1 is is a 1 time entry visa meaning you have to Adjust Status before you leave the US. Your K1 is nill and void now so now your hubby will have to start over as K3 or CR1... Im so sorry.

I went through the same as you a good few years back and i know and understand it's not pleasant. My x sent me back because he had another woman and ofcourse didn't want me around and so with not having a job i could not support myself or my son he had signed the Affidavit of Support which tied him into supporting me for 10years but he was smart and his attorney told him to pay for a ticket and send me back to my homeland( which he did) then it would be an easy process, i found this out about a year after i was back...so sad really and i feel for you.

Michelle :(

Zee Bee Grand Master

Zee Bee   61

Posted
Filed: Citizen (apr) Country: Ghana
 Timeline
Posted

Like the others said, a K1 is a one time entry visa. Once you leave the US without Advanced Parole or the greencard then you cannot reenter the US unless you have some other kind of visa. There is no specific visa to come and contest a divorce (as far as I know, but you could try for a visitor's visa.

I don't know what other options you have in terms of the divorce. Even if you did come back you cannot file for AOS without having your husband as a sponsor. The K1 allows for adjustment after marriage to the petitioner so once you get here you would be out of status anyway. Someone correct me if I am wrong.

If you left without filing to adjust status then you have used up your K1 status and he needs to petition as a k3.cr1 for you and start all over.

It sounds like she wants to come back to contest the divorce, not to be with her husband.

Mama to 2 beautiful boys (August 2011 and January 2015)

Click for full timeline

diadromous mermaid Experienced

diadromous mermaid   36

Posted
Filed: Timeline
Posted
I came to United State on K1 visa and registered my marriage within 90 days, I don't know if he ever filed for change of status for me.

My husband sent me back to Pakistan and told me that I can come back whenever I want to, I did not know anything about immigration process.

Now, he does not want me to come back and threatend me that he would file the divorce, How can I re-enter to USA or if he files the divorce can I get visa to contest my divorce? Please help me.

What state were you married in? With a few exceptions, many states in the USA honour no-fault grounds for divorce, and so it might be a waste of time coming here to contest something that your husband has the right to do!

"diaddie mermaid"

You can 'catch' me on here and on FBI.

pushbrk Grand Master

pushbrk   13,001

Posted
Filed: Other Country: China
 Timeline
Posted
I came to United State on K1 visa and registered my marriage within 90 days, I don't know if he ever filed for change of status for me.

My husband sent me back to Pakistan and told me that I can come back whenever I want to, I did not know anything about immigration process.

Now, he does not want me to come back and threatend me that he would file the divorce, How can I re-enter to USA or if he files the divorce can I get visa to contest my divorce? Please help me.

What state were you married in? With a few exceptions, many states in the USA honour no-fault grounds for divorce, and so it might be a waste of time coming here to contest something that your husband has the right to do!

That is correct. In addition, contesting a divorce does not really result in no divorce. You can only really contest the terms of the divorce with regard to property settlements and child custody or maybe spousal support (like alimony) arrangements. Generally short term marriages result in property settlements that reflect what would have been if the couple hadn't married.

By your husband getting you to leave the US without advanced parole or permanent resident status, he effectively protected himself from any viable contest of the divorce. Even if he did file for adjustment of status, you would need to be involved. Actually, it is you that files to adjust status.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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*JG* Grand Master

*JG*   2

Posted
Filed: Country: Jamaica
 Timeline
Posted
How would I know if he ever applied for adjustment of Status application.

I'm going to go out on a limb here and say, don't bother, he didn't. I'm so sorry.

Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
How would I know if he ever applied for adjustment of Status application.

Since it is YOUR application and not his... You would have done it (or at least signed the application)... So I think you know your answer and it is most likely NO...

YMMV

BarbSami Explorer

BarbSami   32

Posted
Filed: Citizen (apr) Country: Tunisia
 Timeline
Posted

Im sorry to say this but It seem that he wanted to get you out of the state and it is not his intentions for you to come back.

This was a mean thing for him to do to you. K-1 is for to enter the US one time only. He wanted you gone and if you're gone he has no financial responsibility for you. This is a LOSER be glad you are home with your family and not abandoned here.

I feel for you.

Barb

Lisax Enthusiast

Lisax   0

Posted
Filed: Lift. Cond. (pnd) Country: England
 Timeline
Posted
I came to United State on K1 visa and registered my marriage within 90 days, I don't know if he ever filed for change of status for me.

My husband sent me back to Pakistan and told me that I can come back whenever I want to, I did not know anything about immigration process.

Now, he does not want me to come back and threatend me that he would file the divorce, How can I re-enter to USA or if he files the divorce can I get visa to contest my divorce? Please help me.

K1 is is a 1 time entry visa meaning you have to Adjust Status before you leave the US. Your K1 is nill and void now so now your hubby will have to start over as K3 or CR1... Im so sorry.

I went through the same as you a good few years back and i know and understand it's not pleasant. My x sent me back because he had another woman and ofcourse didn't want me around and so with not having a job i could not support myself or my son he had signed the Affidavit of Support which tied him into supporting me for 10years but he was smart and his attorney told him to pay for a ticket and send me back to my homeland( which he did) then it would be an easy process, i found this out about a year after i was back...so sad really and i feel for you.

Michelle :(

:huh: some real nice people out there, eh? jeez

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zqt3344 Experienced

zqt3344   21

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted

Bad deal. Sounds like you got hood winked into leaving, now you are out of status, or well you are not to travel outside of the USA until you get Advance Parole or GC, for US will not allow you to enter back into the USA. :unsure:

I came to United State on K1 visa and registered my marriage within 90 days, I don't know if he ever filed for change of status for me.

My husband sent me back to Pakistan and told me that I can come back whenever I want to, I did not know anything about immigration process.

Now, he does not want me to come back and threatend me that he would file the divorce, How can I re-enter to USA or if he files the divorce can I get visa to contest my divorce? Please help me.

Ngoc-Anh Proficient

Ngoc-Anh   1

Posted
Filed: Citizen (apr) Country: Germany
 Timeline
Posted

sorry to hear that but it seems that your husband tricked you to sent you back to your home country.

06/02/2006 - filed I-129F

12/16/2006 - Enter States thru Atlanta

01/13/2007 - Marriage

01/19/2007 - Filed AOS and EAD to Chicago

02/06/2007 - NOA that AOS has been forwarded to CSC

02/12/2007 - Fingerprinting in St. Louis

03/28/2007 - email notification that card production ordered!!!! (Day 68)

04/20/2007 - GC in the mail.....no more USCIS for 2 years!!!!!

12/29/08 - Filed I-751 to VSC

01/12/09 - NOA in mail

01/24/09 - received ASC notice

02/06/09 - biometrics appointment in Orlando

02/09/09 - touch

06/01/09 - approval letter in mail

12/11/09 - Filed N-400 to NSC

12/14/09 - Package arrived at NSC

12/26/09 - NOA in mail

01/22/10 - Fingerprinting in Orlando

03/08/10 - Interview in Orlando (passed)

03/12/10 - Oath Ceremony

Matthew Quoc-Minh *11/29/08*

7 lbs 6 oz. (3.35 kg) and 20" (51cm)

01/29/09 (2-month-check-up): 11.9 lbs (5.4 kg) and 22" (56cm)

03/30/09 (4-month-check-up): 16.5 lbs (7.5 kg) and 25" (63cm)

05/29/09 (6-month-check-up): 19.2 lbs (8.7 kg) and 26" (66cm)

12/1/09 (12-month-check-up): 22 lbs (10 kg) and 30.3" (77cm)

06/11/10 (18-month-check-up): 27.5 lbs (12.5 kg) and 33.5" (85cm)

12/13/10 (24-month-check-up): 31.7 lbs (14.4 kg) and 35.8" (91cm)

sara..... Mentor

sara.....   371

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
 Timeline
Posted
Are you legally married in Pakistan? I can understand how this is a problem for you.

yes it will be a huge problem for her and im not talking about the divorce my heart goes out to her and i think she needs all the prayers that we can offer for her........men like that oh man i better not even get started on it but he sure is not following Islam

sara

 
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