What happens if a K1 divorces after receiving green card but before 2 years of marriage

[pocheros 101]

Here's the scenario (hypothetical, of course...)

Let's say you entered the US on a K1 visa in September 2011 and got married the same month. Let's say the marriage just wasn't meant to be. There is no physical or mental abuse of any kind, just these two people were not ready for marriage and want to divorce.

Then there are two further scenarios. I want to know what happens to the K1's status in each. Before anyone asks, of course both parties would be aware of what was going to happen before it happens. The K1 did not come from a high fraud country but still wishes to remain in the US.

Situation A: The divorce happens before AOS and before one year of marriage. Again, there was no abuse of any kind perpetrated by the USC. What options does the K1 have for remaining in the US? Can the K1 still adjust status?

Situation B: Both marriage partners have discussed this scenario before and the USC agrees to help the K1 AOS before a divorce. So let's say the K1 receives their green card, but gets divorced right after receiving their green card. What happens to the K1s status?

I know this sounds terrible and fraud-y, but the K1 DID NOT come to the US just to get a green card. The K1 came out of genuine love for the USC but realized she was way too young to get married. Unfortunately, the K1 does not have much of a support system in Canada and does not have the resources to move back home, and would rather try to move forward in the US for now.

Edited May 3, 2012 by pocheros

[Inky 1,110]

Situation A - No the person cannot stay they have to go home. No choice.

Situation B - Could possibly work to get the AOS completed but divorce right after makes you in violation of the terms of the green card which means you are forced to file for ROC based on " good faith marriage " which they would most probably deny the person and put them into removal proceedings. Way too many red flags and wont have enough proof of a valid good faith marriage.

[pocheros 101]

Thank you for the information. What happens if the K1 goes home after the divorce if they haven't AOS'd? Do they get barred from the US for a few years?

Edited May 4, 2012 by pocheros

[Inky 1,110]

Thank you for the information. What happens if the K1 goes home after the divorce if they haven't AOS'd? Do they get barred from the US for a few years?

No bar / ban if you don't overstay by a significant amount of time. Overstay rules are the same for the I-94 as any other time when entering on a visa/ as as a tourist.

[pocheros 101]

No bar / ban if you don't overstay by a significant amount of time. Overstay rules are the same for the I-94 as any other time when entering on a visa/ as as a tourist.

Oh, that's right, I forgot about that. If I recall correctly, you start to get in trouble when you overstay over 180 days, making advance parole invalid but the overstay is forgiven once you adjust status.

Thanks again for the information. This is more of a curiosity thing, not something that's going to happen.