divorce before AOS

[dnaleri 0]

I have a friend who came here on a K1 visa. They got married but now they can't seem to agree on anything. Now the USC is not going to file AOS. When I did it, I filed the AOS for my wife and I'm the USC. The instructions don't say that USC must be the filer. I'm wondering if she can file herself based on marriage to USC via K1. Even if she gets the temporary green card, she'll have problems with lifting the conditions right?

I told her to just divorce the guy and start over... she will probably be deported because USC will probably report the divorce.

Has anyone gone through this, divorce before AOS? What happened with the person, AOS, and I-751? Did you get your GC even though you were divorced before AOS?

Please point me to a thread of the same question, if any.

Thanks!

[Ed+Cindy 1]

I've seen a few topics like this - check the "Effects of Major Family Changes" forum. I think that's where I see them.

From what I know, while the USC doesn't file the I-485, the USC does file the I-864 Affidavit of Support. If the USC withdraws that, the I-485 will fail, so you need the USC support to adjust status.

[Minya's wife 24]

I have a friend who came here on a K1 visa. They got married but now they can't seem to agree on anything. Now the USC is not going to file AOS. When I did it, I filed the AOS for my wife and I'm the USC. The instructions don't say that USC must be the filer. I'm wondering if she can file herself based on marriage to USC via K1. Even if she gets the temporary green card, she'll have problems with lifting the conditions right?

Without a valid marriage the USC who petitioned her and the USC signing the I-864(needed for AOS), your friend cannot adjust status. She would have to divorce and leave the country.

I told her to just divorce the guy and start over... she will probably be deported because USC will probably report the divorce.

She would not necessarily be deported, but she would need to leave the country to on incur a ban for too much unauthorized presence.

Has anyone gone through this, divorce before AOS? What happened with the person, AOS, and I-751? Did you get your GC even though you were divorced before AOS? NO, this is not possible w/ K-1 visa. if you divorce before AOS, no GC, no chance to AOS w/ anyone else but the petitioning USC.

Please point me to a thread of the same question, if any.

Thanks!

[Bobby+Umit 161]

From AOS to Effects.

____________

[dnaleri 0]

I have a friend who came here on a K1 visa. They got married but now they can't seem to agree on anything. Now the USC is not going to file AOS. When I did it, I filed the AOS for my wife and I'm the USC. The instructions don't say that USC must be the filer. I'm wondering if she can file herself based on marriage to USC via K1. Even if she gets the temporary green card, she'll have problems with lifting the conditions right?

Without a valid marriage the USC who petitioned her and the USC signing the I-864(needed for AOS), your friend cannot adjust status. She would have to divorce and leave the country.

I told her to just divorce the guy and start over... she will probably be deported because USC will probably report the divorce.

She would not necessarily be deported, but she would need to leave the country to on incur a ban for too much unauthorized presence.

Has anyone gone through this, divorce before AOS? What happened with the person, AOS, and I-751? Did you get your GC even though you were divorced before AOS? NO, this is not possible w/ K-1 visa. if you divorce before AOS, no GC, no chance to AOS w/ anyone else but the petitioning USC.

Please point me to a thread of the same question, if any.

Thanks!

My advice to her was to get divorced and leave the country so that she'll have a "good record" with the USCIS. She gets to see her daughter (3 or 4 y.o.) and try to immigrate to some other countries - UK, Canada, Dubai, etc - and then try US again after a few years... If she overstays and hide, she won't be able to physically see her daughter for a long time. But then again, it's a sacrifice both of them faces for the betterment of their future. She'll have to work hard on making her daughter understand their circumstances. I still think though that she should NOT go into hiding after divorce.

I'm going to look for other posts related to this. Thank you!

[^KK^ 3]

wish your friend the best.

[dnaleri 0]

wish your friend the best.

Thanks KKHoliday!

[noid2009 0]

leave the country. that's the best advice. if she stays, she will accrue "unlawful presence". google it. serious consequences.

[rheanick 42]

I have a friend who came here on a K1 visa. They got married but now they can't seem to agree on anything. Now the USC is not going to file AOS. When I did it, I filed the AOS for my wife and I'm the USC. The instructions don't say that USC must be the filer. I'm wondering if she can file herself based on marriage to USC via K1. Even if she gets the temporary green card, she'll have problems with lifting the conditions right?

I told her to just divorce the guy and start over... she will probably be deported because USC will probably report the divorce.

Has anyone gone through this, divorce before AOS? What happened with the person, AOS, and I-751? Did you get your GC even though you were divorced before AOS?

Please point me to a thread of the same question, if any.

Thanks!

When did your friend arrive? verify the length of time she is out of status...

[diadromous mermaid 36]

Need more facts to be able to suggest if there is any relief available for her in her current status. Typically, a K-1 entrant must adjust status with the petitioner and be in a viable marriage at the time of adjudication of the application. However, in some limited circumstances, if the alien is being abused (mental and or physical) and has therefore reason to believe the petitioner will not cooperate, there is a form of relief available under VAWA.

I have a friend who came here on a K1 visa. They got married but now they can't seem to agree on anything. Now the USC is not going to file AOS. When I did it, I filed the AOS for my wife and I'm the USC. The instructions don't say that USC must be the filer. I'm wondering if she can file herself based on marriage to USC via K1. Even if she gets the temporary green card, she'll have problems with lifting the conditions right?

I told her to just divorce the guy and start over... she will probably be deported because USC will probably report the divorce.

Has anyone gone through this, divorce before AOS? What happened with the person, AOS, and I-751? Did you get your GC even though you were divorced before AOS?

Please point me to a thread of the same question, if any.

Thanks!

[hellonew 0]

She came here on a K1, meaning she cant adjust her statues with anyone EXCEPT the person who filed her K1.

Im going through the same situation, except im the usc and i was dooped! Luckily, i found out she was a fraud before she got any type of GC, ive withdrawan my I864, and filed for annulment. and hopefully i wont be responsible for her. VAWA is hard to prove, USCIS needs police/medical records prving abuse.

Ur friend should move on berfore it's too late.

[dnaleri 0]

NO ABUSE as far as I know... They married within 90 days - here less than a year - maybe 7 months. They just can't agree.

I told her to do her best to adjust to the living conditions here and both of them should adjust to each other, otherwise, just leave and start over somewhere else.

Thanks guys...