K-1 AOS Initial Interview Outcome Pending Divorce?

[aaastircrazy 2]

My spouse has been here in US on K-1 Visa since 06/10. We married 07/10. We have initial permanence interview coming up soon. We are arguing, considering divorce. She wants to stay here anyway. I don't want to be responsible for her financially for her lifetime. What will the interviewer say if we are honest, tell them we are having marital problems. Will they deny her permanent status? If we file for divorce will they make her return to her home country? Is there a possibility she can stay in US? I don't mind her staying but I don't want to be financially responsible for her either (sorry).

[belinda63 3,052]

If you don't want to be on the hook for her financially you will have to pull your affidavit of support which means no way can she obtain a green card. Since this a K-1 visa you are the only person who can sponsor her therefore she will have to leave the US.

If you decide to try and patch things up and later they don't work out and you divorce you are still obligated under the I-864. It is not for a life time only until she attains 40 work credit (10 years), dies, becomes a citizen, or loses her LPR status.

If you are unsure as to how you want to proceed I would suggest you reschedule your interview for a later date.

[Deputy Purple 1,294]

If you tell them you are heading for divorce then the AOS will probably be denied.

As a K-1 Entrant the only way she can adjust status without returning home is as your wife.

If you get divorced there is little chance they will "make her go home" but if she remains she will be out of status and unable to adjust to LPR unless she either leaves the US or files under VAWA claiming that you abused her.

If she remains there is a chance the she will be deported in absentia (basically on paper not requiring her presence) which would complicate her chances of returning home and being petitioned again.

[On the Road Again 2]

My spouse has been here in US on K-1 Visa since 06/10. We married 07/10. We have initial permanence interview coming up soon. We are arguing, considering divorce. She wants to stay here anyway. I don't want to be responsible for her financially for her lifetime. What will the interviewer say if we are honest, tell them we are having marital problems. Will they deny her permanent status? If we file for divorce will they make her return to her home country? Is there a possibility she can stay in US? I don't mind her staying but I don't want to be financially responsible for her either (sorry).

How many times are you going to ask the same question is my main observation? You asked before if she could stay if you did not file for the AOS and were told many times "No" now your asking the same question again. The AOS interview is difficult enough without problems. The answer is that the interviewer more then likely will deny your AOS and your wife will need to make plans to return subject an appeal. If in the strange event she apporved the pitition you would be financially responsible for 10 years, unlesss some conditions were met like her giving up her green card. Listen no offense but your situation is a mess and what your thinking about doing is only going to cause more headaches and problems for both of you in the future. You need to make some difficult decisions, I hope you choose wisely. Good luck.

[On the Road Again 2]

If you tell them you are heading for divorce then the AOS will probably be denied.

As a K-1 Entrant the only way she can adjust status without returning home is as your wife.

If you get divorced there is little chance they will "make her go home" but if she remains she will be out of status and unable to adjust to LPR unless she either leaves the US or files under VAWA claiming that you abused her.

If she remains there is a chance the she will be deported in absentia (basically on paper not requiring her presence) which would complicate her chances of returning home and being petitioned again.

The truth is they will send a nasty gram to her last know address ordering her to appear in front of a Federal Immigration Judge to show cause why she should not be deported. The petitioner will have to show proof that she left or ruin any chance of ever applying for another visa. The beneficary will have to show cause at a hearing and without legal standing she will be deported (possibly). No Social Security Card, ect she will wind up like many other Colombians in Miami working illegally for poor wages and no benefits always worrying about being deported.

[Caramel 3]

My spouse has been here in US on K-1 Visa since 06/10. We married 07/10. We have initial permanence interview coming up soon. We are arguing, considering divorce. She wants to stay here anyway. I don't want to be responsible for her financially for her lifetime. What will the interviewer say if we are honest, tell them we are having marital problems. Will they deny her permanent status? If we file for divorce will they make her return to her home country? Is there a possibility she can stay in US? I don't mind her staying but I don't want to be financially responsible for her either (sorry).

You guys have only be married for little bit over 4 months and you are considering divorcing. How much arguing can a couple do in less than 5 months of marriage. Where you guys ever in love because I can see it possible to be married for 5 months and arguing so much that you are considering divorce. I feel that you are not telling the whole story it is just strange. Me and husband been married for 7 months now and I will say it's a bit overwhelming at times and it is a big adjustment and he do irritate me sometimes but I love him and I am not saying never but for now will not consider divorce. You need to give your married a chance to blossom. I don't think your wife is so bad because you stated that you would like for her to stay in the U.S you just don't want her attach to you fiancially well you will have choose one or the other. I am not saying you are obligated to her but you brought her here the least you can do is see it through.

[On the Road Again 2]

You guys have only be married for little bit over 4 months and you are considering divorcing. How much arguing can a couple do in less than 5 months of marriage. Where you guys ever in love because I can see it possible to be married for 5 months and arguing so much that you are considering divorce. I feel that you are not telling the whole story it is just strange. Me and husband been married for 7 months now and I will say it's a bit overwhelming at times and it is a big adjustment and he do irritate me sometimes but I love him and I am not saying never but for now will not consider divorce. You need to give your married a chance to blossom. I don't think your wife is so bad because you stated that you would like for her to stay in the U.S you just don't want her attach to you fiancially well you will have choose one or the other. I am not saying you are obligated to her but you brought her here the least you can do is see it through.

You have some points and they sound very admirable but life is never that easy Caramel. It appears they both want out and now they're just looking for the least painless way to end it.

Edited December 31, 2010 by On the Road Again