Getting divorced without filling for AOS

[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.

Well said

Divorces do tend to result in unwanted changes in life plans. Doors that seemed open are sometimes shut with drastic impact.

[Frapwagon 0]

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.

Thank you very much for your words and/or advice. My still husband and I did enter the marriage in good faith and actually had a long relationship previous to that, it just didn't work out very well. It happens. We're both educated and interested in pursuing our educational goals. We both wish the best for one another. We both want to help one another. We desire to remain friends.

I don't know if we'll try marriage counseling or not, and if we do so or not, I think that would be right to file for AOS and then removal of benefits due to divorce, when and if it happens.

And yes, I don't want to be denied entrances to the country because of overstaying, I didn't do a single thing wrong, and anyone here could be in my place. Anyone here could have fallen in love, left his or her country, and then face my current circumstances.

Thanks again

[Frapwagon 0]

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

Divorces do tend to result in unwanted changes in life plans. Doors that seemed open are sometimes shut with drastic impact.

I do not appreciate your already talking about blackmail or fraud when neither that has be done nor that was my intention. I wish people would just limit to be honest, straight, clear without popping up with terms so emotionally charged. We both had good intentions. The marriage was in good faith, and I don't need to explain myself.

Thanks for your words and comments. And, of course, I wish people looked the human side of this. These things happen. I don't feel great, I don't want to be here. Will it affect my future? I guess people agree when saying yes, it is an overstaying because my husband and I didn't file for AOS and when we were all ready, things turned out this way.

It can happen to anyone, even after having a 5 year relationship or knowing your partner very well. What matters is how we face these facts and get back on our feet doing the best we can for one another.

[wowswift 3]

Someone tell me if this is right or wrong, but he said he has only been in the US for 5 months, so wouldn't that mean that if he left before the 6 months mark of his I-94 expiring, he wouldn't have a ban?

[William33 110]

Someone tell me if this is right or wrong, but he said he has only been in the US for 5 months, so wouldn't that mean that if he left before the 6 months mark of his I-94 expiring, he wouldn't have a ban?

Incorrect. The OP has fullfilled the requirements of the K-1 visa by getting married within 90 days of US entry. What remains is AOS or departure from the US.

[wowswift 3]

Someone tell me if this is right or wrong, but he said he has only been in the US for 5 months, so wouldn't that mean that if he left before the 6 months mark of his I-94 expiring, he wouldn't have a ban?

Incorrect. The OP has fullfilled the requirements of the K-1 visa by getting married within 90 days of US entry. What remains is AOS or departure from the US.

right but I didn't even say anything about the K-1. Its the date on his I-94 that determines when he starts incurring a ban. But I do know that he needs to adjust or leave. I'm just wondering since he's not passed the date where the 3 year ban starts, he can still leave without getting it.

[William33 110]

Someone tell me if this is right or wrong, but he said he has only been in the US for 5 months, so wouldn't that mean that if he left before the 6 months mark of his I-94 expiring, he wouldn't have a ban?

Incorrect. The OP has fullfilled the requirements of the K-1 visa by getting married within 90 days of US entry. What remains is AOS or departure from the US.

right but I didn't even say anything about the K-1. Its the date on his I-94 that determines when he starts incurring a ban. But I do know that he needs to adjust or leave. I'm just wondering since he's not passed the date where the 3 year ban starts, he can still leave without getting it.

The issue here is the K-1 visa obligation and AOS. The I-94 (arrival/departure record) simply validates the arrival date and starts the 90 day clock for marrying the petitioner. Bans and so forth would be applicable if the K-1 visa holder failed to fullfill the visa obligation. The OP is now in a state of flux.

[wowswift 3]

Someone tell me if this is right or wrong, but he said he has only been in the US for 5 months, so wouldn't that mean that if he left before the 6 months mark of his I-94 expiring, he wouldn't have a ban?

Incorrect. The OP has fullfilled the requirements of the K-1 visa by getting married within 90 days of US entry. What remains is AOS or departure from the US.

right but I didn't even say anything about the K-1. Its the date on his I-94 that determines when he starts incurring a ban. But I do know that he needs to adjust or leave. I'm just wondering since he's not passed the date where the 3 year ban starts, he can still leave without getting it.

The issue here is the K-1 visa obligation and AOS. The I-94 (arrival/departure record) simply validates the arrival date and starts the 90 day clock for marrying the petitioner. Bans and so forth would be applicable if the K-1 visa holder failed to fullfill the visa obligation. The OP is now in a state of flux.

But what about the people who wish to remain married after coming on a K-1, but have an emergency in their country and have to return before AOS completes or even starts? They re-do the whole process, but using a K-3 or CR-1/IR-1.

[William33 110]

Someone tell me if this is right or wrong, but he said he has only been in the US for 5 months, so wouldn't that mean that if he left before the 6 months mark of his I-94 expiring, he wouldn't have a ban?

Incorrect. The OP has fullfilled the requirements of the K-1 visa by getting married within 90 days of US entry. What remains is AOS or departure from the US.

right but I didn't even say anything about the K-1. Its the date on his I-94 that determines when he starts incurring a ban. But I do know that he needs to adjust or leave. I'm just wondering since he's not passed the date where the 3 year ban starts, he can still leave without getting it.

The issue here is the K-1 visa obligation and AOS. The I-94 (arrival/departure record) simply validates the arrival date and starts the 90 day clock for marrying the petitioner. Bans and so forth would be applicable if the K-1 visa holder failed to fullfill the visa obligation. The OP is now in a state of flux.

But what about the people who wish to remain married after coming on a K-1, but have an emergency in their country and have to return before AOS completes or even starts? They re-do the whole process, but using a K-3 or CR-1/IR-1.

In this example, one could apply for emergency advanced parole, which does take some time. Hardly an option for immediate/emergency travel. Alternatively, they could go the route you suggested (CR-1/IR-1). K-3 would be a very slowwwww choice.

[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.

Well said

Divorces do tend to result in unwanted changes in life plans. Doors that seemed open are sometimes shut with drastic impact.

I do not appreciate your already talking about blackmail or fraud when neither that has be done nor that was my intention. I wish people would just limit to be honest, straight, clear without popping up with terms so emotionally charged. We both had good intentions. The marriage was in good faith, and I don't need to explain myself.

Thanks for your words and comments. And, of course, I wish people looked the human side of this. These things happen. I don't feel great, I don't want to be here. Will it affect my future? I guess people agree when saying yes, it is an overstaying because my husband and I didn't file for AOS and when we were all ready, things turned out this way.

It can happen to anyone, even after having a 5 year relationship or knowing your partner very well. What matters is how we face these facts and get back on our feet doing the best we can for one another.

You misunderstand. The poster's recommendation, to which I responded, if followed, would have amounted to fraud and blackmail. Your idea of potential marriage counselling and reconciliation is perfectly honorable.

[pushbrk 13,073]

Someone tell me if this is right or wrong, but he said he has only been in the US for 5 months, so wouldn't that mean that if he left before the 6 months mark of his I-94 expiring, he wouldn't have a ban?

The I-94 expired two months ago, at 90 days not six months. If they file AOS and are successful, there's no problem with having waited. If they never file or complete AOS, she has overstayed.

Currently, she's accruing unlawful presence and is in a state of limbo. A successful AOS solves all that. A divorce instead could incur a ban if she stays too long and even if she leaves now, there's no assurance she'll be granted a student visa anytime soon. She needs to decide quickly whether to leave or attempt to reconcile her marriage relationship and file AOS.

[wowswift 3]

Someone tell me if this is right or wrong, but he said he has only been in the US for 5 months, so wouldn't that mean that if he left before the 6 months mark of his I-94 expiring, he wouldn't have a ban?

The I-94 expired two months ago, at 90 days not six months. If they file AOS and are successful, there's no problem with having waited. If they never file or complete AOS, she has overstayed.

Currently, she's accruing unlawful presence and is in a state of limbo. A successful AOS solves all that. A divorce instead could incur a ban if she stays too long and even if she leaves now, there's no assurance she'll be granted a student visa anytime soon. She needs to decide quickly whether to leave or attempt to reconcile her marriage relationship and file AOS.

Now I see, thank you

and sorry to the OP for calling you a "he" lol my bad.

[tanyaru 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.

I`m sorry this happened to you. I don`t know exactly what you should do but it got to be a way out of this. You and your spouse are trying to do the right thing by divorcing because break-ups just happen and I don`t think you shold be punished for it aka K1 overstay. Unfortunally lawyers don`t always help, they even give you different answer on a same questions which is "weird" because there is only one law. I know in a case where you already have a greencard and you want to permanently leave US you need to file form to legally abandon it. I`m sure it is something similar for all types of visa because situations like yours happen. You should try to make an Infopass appointment ASAP and/or contact USCIS (by mail if possible so you will have written response) and find out what needs to be done to solve the problem.

Or you should try to work your relationship out. So much effort to get K1 visa and after 2 month into marriage talks about divorce? Maybe someone got cold feet...

Good luck, hope it all works out soon.

[Minya's wife 25]

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.

I`m sorry this happened to you. I don`t know exactly what you should do but it got to be a way out of this. You and your spouse are trying to do the right thing by divorcing because break-ups just happen and I don`t think you shold be punished for it aka K1 overstay. Unfortunally lawyers don`t always help, they even give you different answer on a same questions which is "weird" because there is only one law. I know in a case where you already have a greencard and you want to permanently leave US you need to file form to legally abandon it. I`m sure it is something similar for all types of visa because situations like yours happen. You should try to make an Infopass appointment ASAP and/or contact USCIS (by mail if possible so you will have written response) and find out what needs to be done to solve the problem.

Or you should try to work your relationship out. So much effort to get K1 visa and after 2 month into marriage talks about divorce? Maybe someone got cold feet...

Good luck, hope it all works out soon.

USCIS cannot advise the OP on what to do about the break-up of her marriage. At this point, there is no petition pending with them....they have nothing to advise the OP of.

You're right break-ups do happen, but that does not mean the US has to give you a green-card to compensate for it. As for the overstay....the K-1 is a very specific visa to be used to come to the states, marry and file for AOS. The OP completed only part 1 and did not do part 2 yet. Its not a matter of punishment, it a consequence of not following through. If a student visa is issued but the recipient fails to go to school once they get here, there is a consequence for that too. There is no compensation clause just because you've had bad luck.

pushbrk's advice is spot on, leave the US or reconcile your marriage and file for AOS....either way a decision must be made ASAP.

-P

[Chica Yeyé 41]

USCIS cannot advise the OP on what to do about the break-up of her marriage. At this point, there is no petition pending with them....they have nothing to advise the OP of.

You're right break-ups do happen, but that does not mean the US has to give you a green-card to compensate for it. As for the overstay....the K-1 is a very specific visa to be used to come to the states, marry and file for AOS. The OP completed only part 1 and did not do part 2 yet. Its not a matter of punishment, it a consequence of not following through. If a student visa is issued but the recipient fails to go to school once they get here, there is a consequence for that too. There is no compensation clause just because you've had bad luck.

pushbrk's advice is spot on, leave the US or reconcile your marriage and file for AOS....either way a decision must be made ASAP.

-P

As usual, Minya's wife has eloquent and to the point words.