K1 divorced

[julitathomas0810 30]

When someone on the K1 visa enters the USA and is married , but AOS is not filed and they divorce . What can they do to stay or come back to the USA ? Country Philippines she is currently back home now .

Also how do they reset a password . She can not get access on her name to ask this question .

Thanks

[JohnR! 5,495]

This person can return as a tourist. Her previous marriage has been terminated; she can't AOS based on that relationship.

[julitathomas0810 30]

This person can return as a tourist. Her previous marriage has been terminated; she can't AOS based on that relationship.

How can she find out information that it was withdrawn properly . She has no information and before she left to go home . Her husband had her sign a piece of paper . She did not know what it was and asked and he would not say . I am thinking some sort of withdraw letter to the USCIS .

[kzielu 1,149]

How can she find out information that it was withdrawn properly . She has no information and before she left to go home . Her husband had her sign a piece of paper . She did not know what it was and asked and he would not say . I am thinking some sort of withdraw letter to the USCIS .

That's really irrelevant. K-1 is single use and if already used and AOS has not been filed, not is not valid anymore.

[belinda63 3,038]

Even if the AOS was successfully filed and not withdrawn, the minute she left the US without advance parole in her hand she abandoned the AOS. She cannot obtain a green card by this method any longer.

[NY_BX 397]

She can't come back unless she has a tourist visa, period. She abandoned her status nd K-1 visa is a ONE-TIME entry visa to the US.

[JohnR! 5,495]

How can she find out information that it was withdrawn properly . She has no information and before she left to go home . Her husband had her sign a piece of paper . She did not know what it was and asked and he would not say . I am thinking some sort of withdraw letter to the USCIS .

She does not need to seek any information. Even if she had started the AOS process, it would have been considered abandoned when the left the US. If they were still married, her husband would have to start the process all over again, but CR, instead of K-1.

Chances are that the paper she signed were her divorce papers.

As someone else pointed out, the K-1 is a one-time-use visa only.

In her current situation she has no legal ground upon which to consider US residence.

[Pitaya 2,577]

~Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Inquiry is past K-1~

[Sandra G. 5,047]

USCIS stated that a K1 holder is ineligible to adjust status to lawful permanent residence if the marriage ends before the USCIS adjudicates the application for his or her K1 adjustment of status, but the Ninth Circuit Court of Appeals determined that foreign nationals who marry their fiancé after entering the United States on a K-1 fiancé visa, and who subsequently obtain a divorce prior to obtaining permanent resident status, are still entitled to adjust to resident status.(Decision of the Ninth Circuit Court of Appeals on K1 Adjustment of Status After Divorce in CHOIN VS. MUKASEY, 537 F.3d 116 (9th Cir. 2008) and with base in Freeman vs. Gonzalez, 444 F.3d 1031.This decision is for who lives in Alaska, Arizona, California, Hawaii, Idaho, Montana, Oregon and Washington. But her case is different because she left before filling AOS, then this decision does not apply to her case.

[Nik+Heather 121]

USCIS stated that a K1 holder is ineligible to adjust status to lawful permanent residence if the marriage ends before the USCIS adjudicates the application for his or her K1 adjustment of status, but the Ninth Circuit Court of Appeals determined that foreign nationals who marry their fiancé after entering the United States on a K-1 fiancé visa, and who subsequently obtain a divorce prior to obtaining permanent resident status, are still entitled to adjust to resident status.(Decision of the Ninth Circuit Court of Appeals on K1 Adjustment of Status After Divorce in CHOIN VS. MUKASEY, 537 F.3d 116 (9th Cir. 2008) and with base in Freeman vs. Gonzalez, 444 F.3d 1031.This decision is for who lives in Alaska, Arizona, California, Hawaii, Idaho, Montana, Oregon and Washington. But her case is different because she left before filling AOS, then this decision does not apply to her case.

Curiosity:

For the quoted case, was the timeline

1. K1 visa Entry, Marriage, File AOS, Divorce while AOS is pending

Or

2. K1visa Entry, Marriage, Divorce, File AOS?

[del-2-5-2014 1,339]

I believe it's #2 when I read it.

[Enigma11561 336]

USCIS stated that a K1 holder is ineligible to adjust status to lawful permanent residence if the marriage ends before the USCIS adjudicates the application for his or her K1 adjustment of status, but the Ninth Circuit Court of Appeals determined that foreign nationals who marry their fiancé after entering the United States on a K-1 fiancé visa, and who subsequently obtain a divorce prior to obtaining permanent resident status, are still entitled to adjust to resident status.(Decision of the Ninth Circuit Court of Appeals on K1 Adjustment of Status After Divorce in CHOIN VS. MUKASEY, 537 F.3d 116 (9th Cir. 2008) and with base in Freeman vs. Gonzalez, 444 F.3d 1031.This decision is for who lives in Alaska, Arizona, California, Hawaii, Idaho, Montana, Oregon and Washington. But her case is different because she left before filling AOS, then this decision does not apply to her case.

Be careful here. Been down this road before. Just because this court ruled in this manner DOES NOT MEAN that the USCIS will follow it. They may, but THAT decision must come from the Mr. Holder, the Attorney General. Since this in 2008, one must look into if this became the norm for these states.

Edited September 5, 2013 by Enigma11561

[britishdakota 18]

Be careful here. Been down this road before. Just because this court ruled in this manner DOES NOT MEAN that the USCIS will follow it. They may, but THAT decision must come from the Mr. Holder, the Attorney General. Since this in 2008, one must look into if this became the norm for these states.

While I'm sure your approach is correct and pragmatic, following the law as it is on the ground, I'm sure federal judges would be less than happy to find out their rulings are not being implemented.

Anyway in reply to OP she has no rights to an immigrant visa. As she is not a Canadian citizen, or able to enter under the Visa Waiver program she will need a valid visa to enter the USA.