oh,the confusion!

[jennifer23 0]

Ok, i was reading another post by "doves love" and was just going to respond there but better i start my own, as it's a little different. I also pat myself on the back in advance for being so good to my computer illiterate friend that is going through this,lol (who i'm am posting to get info for)

Ok,so in doves love's situation the woman came in on a K1-and the whole mess with wanting to just divorce and remarry and continue adjusting with the new marriage. So, i gathered from the responses on there that this is not an easy thing to do. First question- does it matter HOW the beneficiary enters the country before the marriage,ie K1,student,or visitor etc in order for it to be easy or not to divorce,remarry,continue? The woman in dove's post was on a k1, my friend was a visitor from canada,married and sent off apps to adjust from there. Everything has gone swimmingly paperwork wise,all approved just waiting for the interview. However,her husband has been cheating on her and while looking to a friend for support,she has since fallen in love with this male friend.She wants out regardless (even if this other person wasn't in her life) so this isn't fraud by any means, all legit feelings etc.

I just wanted to start a separate post despite it's similarities to the other by doves love..to see if her situation is in any way different,or better in terms of being approved in what she would like to do : divorce her cheating husband and marry this new man in her life that she has fallen for. I'm pretty sure she doesn't want to have to leave the country, that is the main issue i'm sure. She came in as a visitor and didn't even know at the time she was going to marry her current husband,it was spontaneous. She really is a good person as much as her situation is a little crazy.

Any and all advice on this would be much appreciated...i should charge her by the hour for this! lol..thanks.

Jen

[pri 0]

if you are asking about K1 yr post is not clear husband /fiance

K1 is a pure Fiance visa if the intention is not marriage within 90 days of entry the benefiaciary has to return back to his /her country of residence

[diadromous mermaid 36]

Ok, i was reading another post by "doves love" and was just going to respond there but better i start my own, as it's a little different. I also pat myself on the back in advance for being so good to my computer illiterate friend that is going through this,lol (who i'm am posting to get info for)

Ok,so in doves love's situation the woman came in on a K1-and the whole mess with wanting to just divorce and remarry and continue adjusting with the new marriage. So, i gathered from the responses on there that this is not an easy thing to do. First question- does it matter HOW the beneficiary enters the country before the marriage,ie K1,student,or visitor etc in order for it to be easy or not to divorce,remarry,continue? The woman in dove's post was on a k1, my friend was a visitor from canada,married and sent off apps to adjust from there. Everything has gone swimmingly paperwork wise,all approved just waiting for the interview. However,her husband has been cheating on her and while looking to a friend for support,she has since fallen in love with this male friend.She wants out regardless (even if this other person wasn't in her life) so this isn't fraud by any means, all legit feelings etc.

I just wanted to start a separate post despite it's similarities to the other by doves love..to see if her situation is in any way different,or better in terms of being approved in what she would like to do : divorce her cheating husband and marry this new man in her life that she has fallen for. I'm pretty sure she doesn't want to have to leave the country, that is the main issue i'm sure. She came in as a visitor and didn't even know at the time she was going to marry her current husband,it was spontaneous. She really is a good person as much as her situation is a little crazy.

Any and all advice on this would be much appreciated...i should charge her by the hour for this! lol..thanks.

Jen

The K-1 visa has a stipulation that marriage should occur to the original petitioner and adjustment of status is afforded on the basis of that marriage.

[ChristinaM 0]

Yes, it makes a huge difference how you came in. However, your friend hasn't yet completed AOS so in not yet resident here and if she is not going to adjust based on her current marriage she has to go home and refile.

As far as I know, not having her green card yet she would be out of status whilst divorcing, and I don't know what kind of implications that would have on remarrying and refiling AOS in the US.

Her first marriage in itself should not be a problem, but she may get questioned about the short length of it and the fact that she wishes to marry another USC so quickly afterwards perhaps will lead to more scrutiny.

That would be my take on it.

[jennifer23 0]

Ok..somehow my questions came across wrong ...i do understand what a k1 visa is, what i was asking was wether in dove's girlfriend's situation if that had any bearing on what she wants to do.Also,it is admitted that her marriage was fraud to begin with,which poses another problem (though my question to him would be: why can't she just do a damned good job of hiding the fact that it was fraud?) oh well,just a thought.

It was said that a person cannot continue AOS if it is not through the original marriage that resulted from a k1. My friend had no intent to marry when entering,entered as a visitor,so therefore there was no intent of fraud as well. However,her husband is an ### and she wants out before the process is finished,but would like to continue marriage based aos with what will be her new husband.

So,aside from the fact that dove's situation involves fraud wich already makes it ALOT different than my friend's (why did i compare it to begin with,lol) ...is the reason they will be denied more based on that,or is it the fact that she was a k1 and can't adjust with any other person. Does it make a difference how the first marriage started when trying to continue adjusting in a new marriage. If that is not possible on a K1..is it possible with any other visas? For instance, a person comes to the us on F1,or as a tourist from canada, marries,realizes that was a mistake,but finds someone else and wants to continue applying through that new person. Oh, this is all started to sound so jambled. I'm actually quite smart,lol but when it comes to trying to explain all this stuff i start to sound retarded.

So, did i make any more sense this time?? thanks!

[scorpio232 0]

It will be considered fraud.. It wont work.. She will be wasting money.. They will say if the marriage did not work, and he committed adultry. Then she should have filed for AOS on her own under those grounds.

Even though her feelings for the friend is real... They will not think so.. They will only think fraud.... Because its not over the period of years.. She is trying to immediately remarry after this... NOT GOING TO FLY...

She need to just file for AOS under ground of adultry by US Citizen and get her Permenant Resident on her own...

The law states if the marriage fails in less than 2 years then the K Visa applicant must leave the U.S... So, she will have to go back... Unless she can prove abuse by the U.S Citizen and adultry.. then she can Adjust on her own without getting re married.. So she does not need to bring that up... It will be looked at as fraud period....

[pri 0]

well you are really not clear as to wht the issue is can you go 1 thing at a time..

well if entered on k1 and is doing a AOS the USC has to be presnt at the interview, if he/she is not willing to go ahead then withdraw the petition unless he /she wants to reside in the US.

coming on another visa(apart from k1or K3) for the reason of marriage is misleading information and can beackfire at a later stage..

[jennifer23 0]

It will be considered fraud.. It wont work.. She will be wasting money.. They will say if the marriage did not work, and he committed adultry. Then she should have filed for AOS on her own under those grounds.

Even though her feelings for the friend is real... They will not think so.. They will only think fraud.... Because its not over the period of years.. She is trying to immediately remarry after this... NOT GOING TO FLY...

She need to just file for AOS under ground of adultry by US Citizen and get her Permenant Resident on her own...

The law states if the marriage fails in less than 2 years then the K Visa applicant must leave the U.S... So, she will have to go back... Unless she can prove abuse by the U.S Citizen and adultry.. then she can Adjust on her own without getting re married.. So she does not need to bring that up... It will be looked at as fraud period....

Hmmm..ok, i had no idea it was possible to continue adjusting on one's own after a divorce.

So,let me get this straight: even though the marriage is less than 2 years old, if she can prove that he cheated on her,she can divorce,stay in the country and continue a status adjustment process all on her own?

Thanks,by the way,everyone for the feedback thusfar. Gotta love learning..

[scorpio232 0]

The only way she got a chance of staying here.. She must prove Domestic Violence and Adultry.. And file for AOS under those grounds.. She would have to file a new AOS and withdraw the current petiton of AOS. She needs to call USCIS and ask them can they change the grounds of the AOS or if she needs to file a new AOS due to domestic violence and adultry. If there is no police reports and restraining orders issued..> She is out of gas.. She can NOT stay here in the U.S Period.... Nothing can keep her here...

That is the only legal way she can remain.

If he decides to withdraw the petition she is screwed...> So, she might as well shut up and be with him until she gets the card.... Otherwise, if they divorce she will have to leave the U.S... and she over stays she will be deported and banned from the U.S period....

Edited March 4, 2006 by scorpio232

[pri 0]

Hmmm..ok, i had no idea it was possible to continue adjusting on one's own after a divorce.

So,let me get this straight: even though the marriage is less than 2 years old, if she can prove that he cheated on her,she can divorce,stay in the country and continue a status adjustment process all on her own?

Thanks,by the way,everyone for the feedback thusfar. Gotta love learning..

If you are intending to do this, advise is to hire a attorney at this stage

[jennifer23 0]

well you are really not clear as to wht the issue is can you go 1 thing at a time..

well if entered on k1 and is doing a AOS the USC has to be presnt at the interview, if he/she is not willing to go ahead then withdraw the petition unless he /she wants to reside in the US.

coming on another visa(apart from k1or K3) for the reason of marriage is misleading information and can beackfire at a later stage..

She had no intent of marriage when she entered as a tourist. Her marriage was simply a mistake of judgement, but she does want a life in the US now.

[scorpio232 0]

Spousal abuse is her ONLY legal way to stay.. If there is no proof she must leave the U.S due to a failed marriage. I am sure if she leaves the house, HE WILL WITHDRAW THE PETITION.... Either way, she will loose and have to leave... Unless she can beat him to the punch and get A new petiton filed under Spousal Abuse.... Then she can petition for herself...

Based on what you just said... She is out of gas... Because she entered into the marriage under fraud.. I am sure when they Investigate they will find out from him it was fraud.. Her and Him can be put in prison for marriage fraud......... She better just do nothing and be nice to him until she get the 10 year green card.. then file for divorce and leave......

[jennifer23 0]

Spousal abuse is her ONLY legal way to stay.. If there is no proof she must leave the U.S due to a failed marriage. I am sure if she leaves the house, HE WILL WITHDRAW THE PETITION.... Either way, she will loose and have to leave... Unless she can beat him to the punch and get A new petiton filed under Spousal Abuse.... Then she can petition for herself...

Based on what you just said... She is out of gas... Because she entered into the marriage under fraud.. I am sure when they Investigate they will find out from him it was fraud.. Her and Him can be put in prison for marriage fraud......... She better just do nothing and be nice to him until she get the 10 year green card.. then file for divorce and leave......

Where are you getting the impression that her marriage was fraud? (my friend) unless you are talking about dove's situation? My friend and her cheating husband did NOT enter the marriage fraudulently-it is merely one of this situations-you know, in life when you *think* you trust someone but alas they dissapoint.Hmmm... but anyway, thanks all for this info, i think my advice to her is to just divorce,go home and see how this new relationship goes before marrying him anyway.She wants to stay,but it probably will be more of a hassle than anything. The only proof that she would have for her case is emails,and his online dating profile as well as hotel receipts on his credit card and proof she was not with him in it.He admits to cheating on her, it is a no fault state,will not contest to the divorce.

Spousal abuse is her ONLY legal way to stay.. If there is no proof she must leave the U.S due to a failed marriage. I am sure if she leaves the house, HE WILL WITHDRAW THE PETITION.... Either way, she will loose and have to leave... Unless she can beat him to the punch and get A new petiton filed under Spousal Abuse.... Then she can petition for herself...

Based on what you just said... She is out of gas... Because she entered into the marriage under fraud.. I am sure when they Investigate they will find out from him it was fraud.. Her and Him can be put in prison for marriage fraud......... She better just do nothing and be nice to him until she get the 10 year green card.. then file for divorce and leave......

Where are you getting the impression that her marriage was fraud? (my friend) unless you are talking about dove's situation? My friend and her cheating husband did NOT enter the marriage fraudulently-it is merely one of this situations-you know, in life when you *think* you trust someone but alas they dissapoint.Hmmm... but anyway, thanks all for this info, i think my advice to her is to just divorce,to home and see how this new relationship goes before marrying him anyway.She wants to stay,but it probably will be more of a hassle than anything. The only proof that she would have for her case is emails,and his online dating profile as well as hotel receipts on his credit card and proof she was not with him in it.He admits to cheating on her, it is a no fault state,will not contest the divorce and has agreed to divorce.

[ChristinaM 0]

Oh jesus, what a clusterfcuk. Scorpio, I think you're misunderstanding what Jennifer is saying here, please slow down and read the thread fully before issuing advice.

For one, I'm pretty sure that adultery is not going to qualify her to adjust under the VAWA. Nobody even mentioned abuse, and to self-petition under the VAWA would, in my opinion from what's been said here, be a complete abuse of the system. I don't think it's an option she should even consider.

It is possible to self-petition for lifting of conditions after a divorce, but I will admit here and now that it's a process I know little about. I don't know whether it applies to applying for AOS other than using the VAWA route.

Because your friend entered as a visitor, she can adjust status based on marriage to whoever she chooses. The difficulty she will face is that even a non-contested divorce is going to take time to process and once the AOS is withdrawn (which I'm assuming it will be if neither her nor her husband wish to continue the marriage) she will not be automatically back into "visitor" status. That means that she will be illegally present in the US, and I would think accruing overstay time.

As I see it, she has a few options. One is to go to her AOS interview alone, explain the situation and that she entered the marriage in good faith and see if they will grant it to her. I think it unlikely that they would, but she has nothing to lose by doing it. It will not change her circumstances if she fails, but if she succeeds she is able to remain in the US whilst her divorce goes through and then can marry her new beau.

Another option is for her to return to Canada, sit out divorce processing and then file for K1 if she still wishes to marry him. It seems that she is jumping from one relationship to the next, and from a personal point of view I would advise her to take a step back and catch her breath.

She could also sit and wait for her divorce to go through, not go to the AOS interview, remain illegally in the US, marry the new guy and do the same thing all over again. I do not recommend or in any way condone this as a course of action. It will also raise questions about whether she is "the kind of woman who would marry anyone for the sake of a green card", and perhaps rightly so.

[ChristinaM 0]

coming on another visa(apart from k1or K3) for the reason of marriage is misleading information and can beackfire at a later stage..

Pri, coming on a visa other than K1 with intent to marry and remain would backfire at a later stage. For the sake of clarification though, coming on a different visa for the purpose of that visa, then marrying and filing for AOS is a pretty common way of adjusting and is perfectly acceptable. (Caveat - not from every kind of visa though!)

Edited March 4, 2006 by clmarsh