Getting divorced without filling for AOS

[Frapwagon 0]

Hi everybody,

This is the situation: I came to the US on a fiancee visa and got married to my fiance. After 2 months of marriage, he decided he wanted to get divorced, when we had everything prepared to file for my Adjustment of Status.

This is the question: Is this going to have negative consequences for me and my request of future visas? I'll be applying for graduate schools in the US in one year and will therefore apply for a student visa, but I DO NOT want it to look as though I overstayed a visa, I did everything legally and in good faith and I don't see why I'd have to be at a loss and damage my educational opportunities. It is not my fault that divorce is about to happen right now, without filling for AOS, so I don't want it to look as if I overstayed a couple months.

If someone know something please let me know, if someone has gone through this or has opinions I'd like to be advised.

I called an Immigration lawyer and she said that yes, this will be taken as though I overstayed, and that I was at the mercy of the consul; I DO NOT know how this is held or seen and what I could do to protect myself.

My ex husband to be and I are "friends" and if this might hurt me he might agree to be willing to wait for the divorce process to start, so we fill for AOS and get divorced as soon as I adjust my status, so I can leave the country and start the divorce process without it having negative consequences for my future visas.

Thanks in advance.

[Chica Yeyé 41]

Go back home before your K-1 expires, and apply for your student visa. If you overstay your K-1; it will count as an overstay.

[Frapwagon 0]

Go back home before your K-1 expires, and apply for your student visa. If you overstay your K-1; it will count as an overstay.

OK, I guess I wasn't clear enough, I GOT MARRIED TO MY FIANCE, AND MY K1 ALREADY EXPIRED, WE GOT MARRIED BEFORE IT DID (during the last month of the visa).

Thanks.

[pushbrk 13,073]

Go back home before your K-1 expires, and apply for your student visa. If you overstay your K-1; it will count as an overstay.

OK, I guess I wasn't clear enough, I GOT MARRIED TO MY FIANCE, AND MY K1 ALREADY EXPIRED, WE GOT MARRIED BEFORE IT DID (during the last month of the visa).

Thanks.

Exactly how long have you been in the US?

[Chica Yeyé 41]

Go back home before your K-1 expires, and apply for your student visa. If you overstay your K-1; it will count as an overstay.

OK, I guess I wasn't clear enough, I GOT MARRIED TO MY FIANCE, AND MY K1 ALREADY EXPIRED, WE GOT MARRIED BEFORE IT DID (during the last month of the visa).

Thanks.

You know what? Go bold your responses to someone who cares.

No, you weren't clear enough. If you don't apply for AOS, go home and apply for your student visa. Is that clear enough for you? sheesh.

[pushbrk 13,073]

My ex husband to be and I are "friends" and if this might hurt me he might agree to be willing to wait for the divorce process to start, so we fill for AOS and get divorced as soon as I adjust my status, so I can leave the country and start the divorce process without it having negative consequences for my future visas.

Thanks in advance.

What you are suggesting above is fraud, an actual crime unless you actually have a bona fide ongoing marriage relationship at the time the LPR status is granted.

[Frapwagon 0]

Go back home before your K-1 expires, and apply for your student visa. If you overstay your K-1; it will count as an overstay.

OK, I guess I wasn't clear enough, I GOT MARRIED TO MY FIANCE, AND MY K1 ALREADY EXPIRED, WE GOT MARRIED BEFORE IT DID (during the last month of the visa).

Thanks.

You know what? Go bold your responses to someone who cares.

No, you weren't clear enough. If you don't apply for AOS, go home and apply for your student visa. Is that clear enough for you? sheesh.

Sheesh, why so mad? I did not mean to offend you. I just wanted to make it clear to people that would read the post, so they didn't get confused. No worries. You don't need to care either, I know you don't anyway, and it's understandable. I bold that just so others wouldn't ask the same again, since I couldn't extent the e mail.

Go back home before your K-1 expires, and apply for your student visa. If you overstay your K-1; it will count as an overstay.

OK, I guess I wasn't clear enough, I GOT MARRIED TO MY FIANCE, AND MY K1 ALREADY EXPIRED, WE GOT MARRIED BEFORE IT DID (during the last month of the visa).

Thanks.

Exactly how long have you been in the US?

I have been in the US for exactly 5 months. I got married on the third month of the K1 visa.

[Ju&Ja 1]

Go back home before your K-1 expires, and apply for your student visa. If you overstay your K-1; it will count as an overstay.

OK, I guess I wasn't clear enough, I GOT MARRIED TO MY FIANCE, AND MY K1 ALREADY EXPIRED, WE GOT MARRIED BEFORE IT DID (during the last month of the visa).

Thanks.

You know what? Go bold your responses to someone who cares.

No, you weren't clear enough. If you don't apply for AOS, go home and apply for your student visa. Is that clear enough for you? sheesh.

Sheesh, why so mad? I did not mean to offend you. I just wanted to make it clear to people that would read the post, so they didn't get confused. No worries. You don't need to care either, I know you don't anyway, and it's understandable. I bold that just so others wouldn't ask the same again, since I couldn't extent the e mail.

Go back home before your K-1 expires, and apply for your student visa. If you overstay your K-1; it will count as an overstay.

OK, I guess I wasn't clear enough, I GOT MARRIED TO MY FIANCE, AND MY K1 ALREADY EXPIRED, WE GOT MARRIED BEFORE IT DID (during the last month of the visa).

Thanks.

Exactly how long have you been in the US?

I have been in the US for exactly 5 months. I got married on the third month of the K1 visa.

Hey, I think that even if your ex husband to be is ok to do the AOS before to divorce it will be the same. If I'm not wrong, if you are not a US citizen (status that you can ask 5 years after getting married to a US citizen) your stay in the US depends on your marriage. I think that before 5 years of marriage, if you divorce you will have to go back to your country. I don't know if I'm very clear sorry...

[Ban Hammer 13,491]

mbc

[pushbrk 13,073]

Go back home before your K-1 expires, and apply for your student visa. If you overstay your K-1; it will count as an overstay.

OK, I guess I wasn't clear enough, I GOT MARRIED TO MY FIANCE, AND MY K1 ALREADY EXPIRED, WE GOT MARRIED BEFORE IT DID (during the last month of the visa).

Thanks.

You know what? Go bold your responses to someone who cares.

No, you weren't clear enough. If you don't apply for AOS, go home and apply for your student visa. Is that clear enough for you? sheesh.

Sheesh, why so mad? I did not mean to offend you. I just wanted to make it clear to people that would read the post, so they didn't get confused. No worries. You don't need to care either, I know you don't anyway, and it's understandable. I bold that just so others wouldn't ask the same again, since I couldn't extent the e mail.

Go back home before your K-1 expires, and apply for your student visa. If you overstay your K-1; it will count as an overstay.

OK, I guess I wasn't clear enough, I GOT MARRIED TO MY FIANCE, AND MY K1 ALREADY EXPIRED, WE GOT MARRIED BEFORE IT DID (during the last month of the visa).

Thanks.

Exactly how long have you been in the US?

I have been in the US for exactly 5 months. I got married on the third month of the K1 visa.

Hey, I think that even if your ex husband to be is ok to do the AOS before to divorce it will be the same. If I'm not wrong, if you are not a US citizen (status that you can ask 5 years after getting married to a US citizen) your stay in the US depends on your marriage. I think that before 5 years of marriage, if you divorce you will have to go back to your country. I don't know if I'm very clear sorry...

You're clear but only partially correct. Once the conditional status is granted, the immigrant may file to remove conditions as soon as the divorce is final. They self petition and show evidence the marriage was entered into in good faith. So, that's not the problem. The problem is actually having the bona fide marriage it takes to be granted the conditional LPR status to begin with. Unless something changes in the relationship, they don't have that. What she has is a two-month over-stay, so some decisions need to be made very quickly before the overstay qualifies her for a bar on US entry.

[Completely 3]

Hi everybody,

This is the situation: I came to the US on a fiancee visa and got married to my fiance. After 2 months of marriage, he decided he wanted to get divorced, when we had everything prepared to file for my Adjustment of Status.

This is the question: Is this going to have negative consequences for me and my request of future visas? I'll be applying for graduate schools in the US in one year and will therefore apply for a student visa, but I DO NOT want it to look as though I overstayed a visa, I did everything legally and in good faith and I don't see why I'd have to be at a loss and damage my educational opportunities. It is not my fault that divorce is about to happen right now, without filling for AOS, so I don't want it to look as if I overstayed a couple months.

If someone know something please let me know, if someone has gone through this or has opinions I'd like to be advised.

I called an Immigration lawyer and she said that yes, this will be taken as though I overstayed, and that I was at the mercy of the consul; I DO NOT know how this is held or seen and what I could do to protect myself.

My ex husband to be and I are "friends" and if this might hurt me he might agree to be willing to wait for the divorce process to start, so we fill for AOS and get divorced as soon as I adjust my status, so I can leave the country and start the divorce process without it having negative consequences for my future visas.

Thanks in advance.

You are still in K1 Visa even you are married to him.. and it will result to overstayed if you will stay in the US..

I will suggest to make a deal with your husband, do not sign the divorce paper unless your AOS is filed..

If he took this as a consideration for you and file the AOS, you will then have a conditional greencard .

PSBURK is right on what he said above.

Go back home before your K-1 expires, and apply for your student visa. If you overstay your K-1; it will count as an overstay.

OK, I guess I wasn't clear enough, I GOT MARRIED TO MY FIANCE, AND MY K1 ALREADY EXPIRED, WE GOT MARRIED BEFORE IT DID (during the last month of the visa).

Thanks.

You know what? Go bold your responses to someone who cares.

No, you weren't clear enough. If you don't apply for AOS, go home and apply for your student visa. Is that clear enough for you? sheesh.

Sheesh, why so mad? I did not mean to offend you. I just wanted to make it clear to people that would read the post, so they didn't get confused. No worries. You don't need to care either, I know you don't anyway, and it's understandable. I bold that just so others wouldn't ask the same again, since I couldn't extent the e mail.

Go back home before your K-1 expires, and apply for your student visa. If you overstay your K-1; it will count as an overstay.

OK, I guess I wasn't clear enough, I GOT MARRIED TO MY FIANCE, AND MY K1 ALREADY EXPIRED, WE GOT MARRIED BEFORE IT DID (during the last month of the visa).

Thanks.

Exactly how long have you been in the US?

I have been in the US for exactly 5 months. I got married on the third month of the K1 visa.

Hey, I think that even if your ex husband to be is ok to do the AOS before to divorce it will be the same. If I'm not wrong, if you are not a US citizen (status that you can ask 5 years after getting married to a US citizen) your stay in the US depends on your marriage. I think that before 5 years of marriage, if you divorce you will have to go back to your country. I don't know if I'm very clear sorry...

You're clear but only partially correct. Once the conditional status is granted, the immigrant may file to remove conditions as soon as the divorce is final. They self petition and show evidence the marriage was entered into in good faith. So, that's not the problem. The problem is actually having the bona fide marriage it takes to be granted the conditional LPR status to begin with. Unless something changes in the relationship, they don't have that. What she has is a two-month over-stay, so some decisions need to be made very quickly before the overstay qualifies her for a bar on US entry.

This is correct..

[pushbrk 13,073]

You are still in K1 Visa even you are married to him.. and it will result to overstayed if you will stay in the US..

I will suggest to make a deal with your husband, do not sign the divorce paper unless your AOS is filed..

If he took this as a consideration for you and file the AOS, you will then have a conditional greencard .

Making such a deal is called visa fraud. It's also blackmail.

[Completely 3]

You are still in K1 Visa even you are married to him.. and it will result to overstayed if you will stay in the US..

I will suggest to make a deal with your husband, do not sign the divorce paper unless your AOS is filed..

If he took this as a consideration for you and file the AOS, you will then have a conditional greencard .

Making such a deal is called visa fraud. It's also blackmail.

It not actually a deal but divorce per se will have to go to process and it will take a little bit of time to be finalized. And how can you stay in the US and sign the divorce paper if your visa is already expired?

One more option is go home, then apply US student visa in your home country.

Edited September 30, 2008 by Completely

[pushbrk 13,073]

You are still in K1 Visa even you are married to him.. and it will result to overstayed if you will stay in the US..

I will suggest to make a deal with your husband, do not sign the divorce paper unless your AOS is filed..

If he took this as a consideration for you and file the AOS, you will then have a conditional greencard .

Making such a deal is called visa fraud. It's also blackmail.

It not actually a deal but divorce per se will have to go to process and it will take a little bit of time to be finalized. And how can you stay in the US and sign the divorce paper if your visa is already expired?

One more option is go home, then apply US student visa in your home country.

One is not required to file AOS before the I-94 (not the visa) expires but in order to adjust status from a K1 visa, the parties must convince an adjudicator or service center that their marriage is bona fide and ongoing, not just that they are legally wed or that their divorce isn't final yet. To attempt to do so while planning to divorce is fraud. For the immigrant to threaten not to sign divorce papers until after the petitioner commits visa fraud in their behalf, is blackmail.

She knows about the option to go home but fears her overstay will cause the student visa to be denied. Certainly a valid concern but it is not circumvented by visa fraud.

[Completely 3]

You are still in K1 Visa even you are married to him.. and it will result to overstayed if you will stay in the US..

I will suggest to make a deal with your husband, do not sign the divorce paper unless your AOS is filed..

If he took this as a consideration for you and file the AOS, you will then have a conditional greencard .

Making such a deal is called visa fraud. It's also blackmail.

It not actually a deal but divorce per se will have to go to process and it will take a little bit of time to be finalized. And how can you stay in the US and sign the divorce paper if your visa is already expired?

One more option is go home, then apply US student visa in your home country.

One is not required to file AOS before the I-94 (not the visa) expires but in order to adjust status from a K1 visa, the parties must convince an adjudicator or service center that their marriage is bona fide and ongoing, not just that they are legally wed or that their divorce isn't final yet. To attempt to do so while planning to divorce is fraud. For the immigrant to threaten not to sign divorce papers until after the petitioner commits visa fraud in their behalf, is blackmail.

She knows about the option to go home but fears her overstay will cause the student visa to be denied. Certainly a valid concern but it is not circumvented by visa fraud.

Well said