Married on K1 visa for 3 months and now separated?

[freen_03 0]

Please help me.

I came into the US on a K1 visa from the Philippines and married my petitioner within the 90 days. He mailed in the I 485 but he may have stopped payment on his checks. He tried to force me to sign a no fault divorce and changed the lock on our apartment. I hope that I can file for my adjustment of status another way because I have done all that I was suppose to do but now my husband does not want me anymore. I am still married to my husband. Please help me by giving me any advice that you can. Thanks

[Boiler 46,122]

As a K1 you can only adjust through Marriage.

There are many ways to emmigrate to the US, Family, Work, but none of them allow you to adjust from within the US when you enter on a K1.

[leroy1999 0]

From my limited knowledge I have to advise you that your out of luck.

You will be called for an interview if your AOS was processed and if your husband does not show for that interview they will put you in removal proceedings.

It would be a different case if your I-485 had been approved.

[JenT 0]

Find a good attorney to get you through the divorce and make plans to return home.

Sorry it's turned out this way for you.

Jen

[zyggy 9]

Actually, there may be another way for you to remain in the US, but it depends on a lot of details that you may not want to discuss on a public message board. I suggest that you speak with an experienced immigration attorney to tell him your details and work out your options...

[Peter Miami 0]

You need an Immigration Attorney.

Good luck,

Peter Miami

[M. 0]

I'm not sure I understand.

I mean, I understand what's happened to you, but here's what I'm unsure about:

If you came here on a K-1, your only reason for coming to the US was to be married to your spouse. If the two of you are no longer married, why would you want to stay?

I mean, I know nothing about you or your life at home, but surely you have friends and family and a support network that love you very much. Wouldn't this be the time to be with those people?

I'm not trying to be mean or snarky or anything. I just don't understand. If I'd moved to my husband's country instead of him moving to the US, I wouldn't stay if the marriage broke up. I'd be back home in an instant to be with my support network. But hey, that's just me, and I could be wrong.

[luvinmb 0]

Please help me.

I came into the US on a K1 visa from the Philippines and married my petitioner within the 90 days. He mailed in the I 485 but he may have stopped payment on his checks. He tried to force me to sign a no fault divorce and changed the lock on our apartment. I hope that I can file for my adjustment of status another way because I have done all that I was suppose to do but now my husband does not want me anymore. I am still married to my husband. Please help me by giving me any advice that you can. Thanks

Very unfortunate...... I don't believe there is anything you can do. My advice is to contact an attorney and/or your local USCIS office and explain your situation. My heart goes out to you for this bad situation. I think there should be a law in place that supports the non-citizen in these kinds of situations. Good Luck and remember to pray.

[Yodrak 7]

Boiler,

True. And she's married. To her petitioner. Within 90 days of entry, as required.

Yodrak

As a K1 you can only adjust through Marriage.

....

[Dr_LHA 3]

I think there should be a law in place that supports the non-citizen in these kinds of situations.

What, so the USA can become a haven for even more fraudulant Green Card marriages?

[meauxna 15]

I think there should be a law in place that supports the non-citizen in these kinds of situations.

What, so the USA can become a haven for even more fraudulant Green Card marriages?

Who frauded who in this case?

[russ 1]

Boiler,

True. And she's married. To her petitioner. Within 90 days of entry, as required.

Yodrak

As a K1 you can only adjust through Marriage.

....

I have a (somewhat) similar situation with my wife. (see Russia thread for details). She decided to leave me for her boyfriend here, I filed for divorce. It leaves her in a pretty tight spot (this happened about a week before her AOS interview).

I'm trying to help with her AOS as much as I can, but the options are fairly limited once you file for divorce, if the original AOS didn't happen.

[Yodrak 7]

russ,

Said with tongue planted firmly in cheek? Filing for divorce a week before the AOS interview - what a way to help.

Anyway, such a situation does call for a very experienced immigration attorney and very deep pockets.

Yodrak

I have a (somewhat) similar situation with my wife. (see Russia thread for details). She decided to leave me for her boyfriend here, I filed for divorce. It leaves her in a pretty tight spot (this happened about a week before her AOS interview).

I'm trying to help with her AOS as much as I can, but the options are fairly limited once you file for divorce, if the original AOS didn't happen.

[Dr_LHA 3]

Who frauded who in this case?

I'm not saying anyone defrauded anyone in this case, I don't know the details. However I do know that if you start passing laws protecting the immigrant in these cases, aiding them in getting a green card despite the rapid collapse of the marriage under somewhat suspicious circumstances, you're going to encourage more people who are just getting married to get their green card.

I'd encourage a law that allows for quick annulment and a cheap plane ticket home, which I think would be in the best interest of the OP.

[diadromous mermaid 36]

Please help me.

I came into the US on a K1 visa from the Philippines and married my petitioner within the 90 days. He mailed in the I 485 but he may have stopped payment on his checks. He tried to force me to sign a no fault divorce and changed the lock on our apartment. I hope that I can file for my adjustment of status another way because I have done all that I was suppose to do but now my husband does not want me anymore. I am still married to my husband. Please help me by giving me any advice that you can. Thanks

I'm not saying anyone defrauded anyone in this case, I don't know the details. However I do know that if you start passing laws protecting the immigrant in these cases, aiding them in getting a green card despite the rapid collapse of the marriage under somewhat suspicious circumstances, you're going to encourage more people who are just getting married to get their green card.

I'd encourage a law that allows for quick annulment and a cheap plane ticket home, which I think would be in the best interest of the OP.

Doesn't anyone notice that if the OP is correct in her detail of what has happened, that this is no way for a spouse to behave, when the alien is for all intents and purposes stranded in a new country?

Freen,

Please consult an immigration attorney, your case is complicated, but not necessarily impossible. If you cannot afford an immigration attorney, please ask if there is a Catholic Charities in your neighbourhood and make enquiries as to pro bono representation.