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Carlakev Newbie

Carlakev   0

Posted
Filed: K-1 Visa Country: Brazil
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Posted

Hello,

I'm Carla and I'm from brazil. I went through the process of k1 visa. I'm currently living in USA. I got married and submitted the documents for travel/work permit and green card all within 90 days. Our marriage and plans were in good faith but it is just not working. I would like to know if I can get an annulment or if we would have to go through a divorce. Can I leave right away to my country and go over the annulment/divorce being there? Is there any possibility of staying here?(I read something about it, just curiosity really cause I would go hole anyway). Thank you in advance.

Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

~Moved from Introducing our Members to Effects of Major Family Changes on Immigration Benefits Forum~


~Similar topics are often discussed in this forum~



Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Caryh Grand Master

Caryh   5,206

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

Hello,

I'm Carla and I'm from brazil. I went through the process of k1 visa. I'm currently living in USA. I got married and submitted the documents for travel/work permit and green card all within 90 days. Our marriage and plans were in good faith but it is just not working. I would like to know if I can get an annulment or if we would have to go through a divorce. Can I leave right away to my country and go over the annulment/divorce being there? Is there any possibility of staying here?(I read something about it, just curiosity really cause I would go hole anyway). Thank you in advance.

You need to have a valid marriage at the time the green card is issued in order to stay in the USA. Annulments are hard to come by in the USA, and from your own words, you won't qualify. You can go home now, and file for divorce or annulment there if the terms are easier for you. Or you could leave and let him file the divorce papers here. Divorcing in the USA is controlled by laws at the state level.

Looking up California rules, you can probably get a summary dissolution of your marriage, which should be pretty quick. Once the papers are signed, you could return home and wait for the court to rule on it.

http://www.courts.ca.gov/1241.htm

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
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Oath Taking

Boiler Grand Master

Boiler   46,368

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Hello,

I'm Carla and I'm from brazil. I went through the process of k1 visa. I'm currently living in USA. I got married and submitted the documents for travel/work permit and green card all within 90 days. Our marriage and plans were in good faith but it is just not working. I would like to know if I can get an annulment or if we would have to go through a divorce. Can I leave right away to my country and go over the annulment/divorce being there? Is there any possibility of staying here?(I read something about it, just curiosity really cause I would go hole anyway). Thank you in advance.

You do not have to stay, you can leave as soon as you like,

Ypur Lawyer should be able to help with the paperwork in your absence.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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