Length of Marriage Question for K1 visa

[j and c 8]

A K1 applicant enters the country on a valid K1 visa, marries within 90 days, then files for Green Card and receives Green Card after another approx 7 months.

By the time the Green Card arrives, the K1 applicant has already been married for about 9 months and been in the US the same legnth of time. The Green Card is for 2 years since the the marraige is less than 2 years old at time of application.

Within 90 days of the end of the conditional Green Card, the K1 applicant will file for the 10 year Green Card.

However, by then, the marraige will be more than 2 years old, indeed, the marraige by them will be approx 2 years and 9 months old.

Can the K1 visa holder and the USC sponsor have a mutually agreeable divorce after two years of marriage without jepordizing the original K1 visa holders adjustment application?

Is 2 years minimum of marriage some kind of benchmark or threshold that should be met for adjustment to a 10 year card?

I say "should be met", since there are obviously protections for abused and battered spouses.

But, for couples where the marriage was entered into with good faith and later mutually found to be likely better to be ended with divorce, is a benchmark of 2 years of marriage advisable before divorce so as to not cause difficulties for the original K1 visa immingrant when going for the 10 year Green Card?

Edited September 22, 2008 by j and c

[*JG* 2]

Yes, they can. They are looking at the validity of the marriage, not particularly the length of time.

[j and c 8]

thank you for your reply.

does anyone else have any opinions/advise on any preferable length of marraige for original K1 visa applicants when adjusting for the 10 year Green Card?

thank you.

[randye80 24]

does anyone else have any opinions/advise on any preferable length of marraige for original K1 visa applicants when adjusting for the 10 year Green Card?

thank you.

Opinion (not Advice):

If the green card holder and USC are married (and intend to stay that way), they should jointly file the Petition to Remove Conditions.

If they are divorced, the green card holder files the Petition to Remove Conditions alone (with supporting documentation of a bona fide (albeit unsuccessful) marriage.

Anything in between is a gray area. My opinion (not advice) is that one should avoid certifying anything in a filed legal document that you would not be willing to swear to a immigration judge (or a Homeland Security Agent).