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Filed: Timeline
Posted

hi everyone.....i really need your help...

i came here in US for a k1 visa, and now we are married for 7 months..but we are getting divorce...

but before the divorce topic, i want to tell u that i will have my interview this august 5 for my 2 years green card, is it possible that i will be deported back to philippines if we divorce and having only the 2 years green card?

please help me.....im so deppresed!

thank you so much

Posted

So just to clarify you're still on the K1 and your AOS is pending? If that is the case you can still adjust your status to get a green card but it would be more difficult at this point. You have to prove by yourself that you entered the marriage into good faith and not for immigration purposes. The fact that you got married within the 90 period is great because if you hadn't already married it would've resulted in removal proceedings against you. What you have to do is gather all documents relevant to your marriage. Tax return if you filed one, joint bills, accounts, affidavits etc. Anything at all that can prove you entered the marriage in good faith. Also consult an immigration lawyer as they can advise you further.


Here is a link by the way that should make you feel better regarding your situation, it may be difficult but not impossible. http://www.gurfinkel.com/imm_updates74.htm

This does not constitute legal advice.

Posted

You do realize that I posted a link to an actual website of an attorney to back my response right? I always thought that you couldn't adjust your status if the marriage ended in divorce which is why I looked it up.

Please STOP posting false information when you have no idea.


She married her USC husband which is what counts and this is according to an immigration attorney, so if the info is false feel free to contact him directly.

This does not constitute legal advice.

Posted

The case in the link provided:

AOS was filed in June 2001, and but ended up in divorce in June 2003 BEFORE USCIS could adjudicate the AOS.

So the AOS was taking 2 years, way beyond the normal processing time.

There should be more to the case file than the link provided.

Done with K1, AOS and ROC

Posted

That is why I advised her to consult an immigration attorney. It could have been the same situation if her spouse died rather than them having got divorced. The important thing is that she married in good faith and has to prove that to USCIS. That's why I stated it would be more difficult at this point, not impossible. What would you have told her ?, "oh go back home because you can't adjust your status if your marriage failed"

You do not understand the intricacies of this ruling, and that page is an ad, leaving out convenient things, so you buy that lawyer's services.

This does not constitute legal advice.

Posted

It doesn't matter when the case was filed and how long it took, it's about the facts and setting precedent for future cases. If a K1 marries and the relationship ends before they could adjust status, that doesn't result in automatic deportation. The marriage could end in death as well and then what? The only thing that ever truly would be a problem would be an annullment, because then the marriage will be deemed to have never existed in the first place. I let the OP know that it would be difficult, not impossible. There is a huge difference between me telling her don't worry everything will be fine and telling her it's possible but not guaranteed.

The case in the link provided:

AOS was filed in June 2001, and but ended up in divorce in June 2003 BEFORE USCIS could adjudicate the AOS.

So the AOS was taking 2 years, way beyond the normal processing time.

There should be more to the case file than the link provided.

This does not constitute legal advice.

Posted

How am I making up a BIJ court case?

No,there is a separate process for widows. Please don't spread misinformation based on your guesses.

Nope, you are making things up. Please stop.

By the way, instead of criticizing my post how come no one has bothered to give her an answer if my post is so incorrect?

This does not constitute legal advice.

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

~Moved from Fam.-based AOS to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

Edited by A&B

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

"Si vis amari, ama" - Seneca

 

 

 

Filed: Other Country: Brazil
Timeline
Posted (edited)

HArpa Timsha the information given by ianhalliwell 186 is correct.The BIA (Board of Immigration Appeals ) and Ninth Circuit Court of Appeals ruled that a K-1 Fiancé(e) visa holder who married the petitioner, and the couple gets divorced while their adjustment application is pending; before the green card is granted , the alien still can get the GC. We have many decisions regarding this matter since 2006.

Freeman vs. Gonzalez, 444 F.3d 1031 (9th Cir. 2006)

Choin vs. Mukasey

Matter of Sesay 25 I&N Dec. 431 (BIA 2011)

Matter of Le(BIA 2011)

Opinion of the Court:

On August 12, 2008 the court held 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.

Edited by sandranj
Posted

Feel free to read the actual court order from the actual government and not some lawyer's website who is just trying to get your money. When I posted my original post I was already aware that this may have been a possibility based on the fact that it wouldn't be fair to the intending immigrant if the marriage broke up before they were issued a GC even though they were married. The law is quite clear, had she not married within the 90 days she would have been clearly deportable, however she did marry and the marriage is over before AOS. Therefore as long as she can prove the bona fides of her marriage while it lasted she gets AOS.

http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf

No,there is a separate process for widows. Please don't spread misinformation based on your guesses.

Nope, you are making things up. Please stop.


Nope. The AOS would be adjudicated with the I 134 that was originally submitted as part of the K1 process.

The person needs a completed I-864 too, which most people pull when the marriage is going south.

This does not constitute legal advice.

Posted

Feel free to read the actual court order from the actual government and not some lawyer's website who is just trying to get your money. When I posted my original post I was already aware that this may have been a possibility based on the fact that it wouldn't be fair to the intending immigrant if the marriage broke up before they were issued a GC even though they were married. The law is quite clear, had she not married within the 90 days she would have been clearly deportable, however she did marry and the marriage is over before AOS. Therefore as long as she can prove the bona fides of her marriage while it lasted she gets AOS.

http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf

Nope. The AOS would be adjudicated with the I 134 that was originally submitted as part of the K1 process.

No! The I-134 is only good for 90 days.

Question 1b: Please confirm that an I-864 affidavit of support is not required for a K-1 applicant for
adjustment under Sesay, since a K-1 does not adjust under INA §204.
Response: USCIS does not agree with this contention.
A K-1 seeking adjustment must establish admissibility. 24 I&N Dec. at 441. As the Board held in Sesay,
the K-1 adjusts as an immediate relative. For this reason, INA 212(a)(4)© clearly requires the alien to
have an Affidavit of Support, Form I-864, completed by the original sponsor, i.e., the U.S. citizen who
petitioned for the nonimmigrant K visa. The K-1’s eligibility for classification as an immediate relative
has always been predicated on the Form I-129F. 25 I&N Dec. at 439. The affidavit of support rule
reflects this practice, by treating the Form I-129F petitioner as the equivalent of an I-130 petitioner. 8
CFR 213.2(b)(1).
If the alien and the original sponsor are divorced, the K-1 may adjust so long as the original sponsor
already executed a Form I-864 or is willing to do so. Divorce on its own does not end the I-864
obligation. If the original sponsor never executed a Form I-864, and is not willing to do so, the K-1 will
be inadmissible as a public charge.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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