Immigration and Divorce

[sawastea 0]

Well, I met my wife about 3 years ago in the northeast. We dated for some time and last year, when she went home to Argentina, she was unable to get her student visa renewed, so I filed for a K1 Visa. After about seven months, she was able to return and we were married shortly thereafter (late August). She's had constant problems with my mother (who doesn't), and honestly, I'm not comfortable with that situation PLUS I feel that I'm not ready for marriage (though we're married). The K1 procedure is fast and it doesn't give much time shortly thereafter. Regardless, she was served early last week and has until late May to either sign or leave. We're going to consultations next week for our marriage (marriage consulars) to see what comes of it. In mid-October we filed for the I-131, I-485 and I-765. She received her I-131 documents last week (approved), but the I-765 was denied (my fault for putting the wrong code (A6 vs C9). The I-485 is pending in California.

What happens to her when this gets finalized? I really don't want her to get deported as this marriage didn't work out (maybe more my fault?). I want her to have the opportunity to come back as often as possible and enjoy what the USA has to offer.

Is there a petition she must file to be able to return? I-212 / I-751 maybe?

This is very new to me and I just don't know the rules too well.

Many thanks.

Edited January 30, 2007 by sawastea

[diadromous mermaid 36]

Well, I met my wife about 3 years ago in the northeast. We dated for some time and last year, when she went home to Argentina, she was unable to get her student visa renewed, so I filed for a K1 Visa. After about seven months, she was able to return and we were married shortly thereafter (late August). She's had constant problems with my mother (who doesn't), and honestly, I'm not comfortable with that situation PLUS I feel that I'm not ready for marriage (though we're married). The K1 procedure is fast and it doesn't give much time shortly thereafter. Regardless, she was served early last week and has until late May to either sign or leave. We're going to consultations next week for our marriage (marriage consulars) to see what comes of it. In mid-October we filed for the I-131, I-485 and I-765. She received her I-131 documents last week (approved), but the I-765 was denied (my fault for putting the wrong code (A6 vs C9). The I-485 is pending in California.

What happens to her when this gets finalized? I really don't want her to get deported as this marriage didn't work out (maybe more my fault?). I want her to have the opportunity to come back as often as possible and enjoy what the USA has to offer.

Is there a petition she must file to be able to return? I-212 / I-751 maybe?

This is very new to me and I just don't know the rules too well.

Many thanks.

If you've already submitted the AOS application (I-485) and divorce prior to its approval, it wil be denied. The parties have to be married at the time of approval in order to successfully adjust ina marriage-based petition. If you are certain that the marriage is over and cannot be reconciled, and you wish for your spouse to be have ease in visiting the USA at a later date, after abandoning the immigration process and returning to her homeland, then it would be wise to withdraw the pending petition rather than leave it in place for it to be denied later.

[sawastea 0]

If you've already submitted the AOS application (I-485) and divorce prior to its approval, it wil be denied. The parties have to be married at the time of approval in order to successfully adjust ina marriage-based petition. If you are certain that the marriage is over and cannot be reconciled, and you wish for your spouse to be have ease in visiting the USA at a later date, after abandoning the immigration process and returning to her homeland, then it would be wise to withdraw the pending petition rather than leave it in place for it to be denied later.

Thanks for the response. Let's assume that we do split up prior to the approval of the I485, and suddenly, the petition becomes null. What can she do to return to the USA? I don't have a problem writing an affidavit that states that the marriage was entered in bona fide (good) terms and her intention was not to get a green card.

[Boiler 45,972]

If you've already submitted the AOS application (I-485) and divorce prior to its approval, it wil be denied. The parties have to be married at the time of approval in order to successfully adjust ina marriage-based petition. If you are certain that the marriage is over and cannot be reconciled, and you wish for your spouse to be have ease in visiting the USA at a later date, after abandoning the immigration process and returning to her homeland, then it would be wise to withdraw the pending petition rather than leave it in place for it to be denied later.

Thanks for the response. Let's assume that we do split up prior to the approval of the I485, and suddenly, the petition becomes null. What can she do to return to the USA? I don't have a problem writing an affidavit that states that the marriage was entered in bona fide (good) terms and her intention was not to get a green card.

On what basis would she be seeking entry to the US?

[diadromous mermaid 36]

If you've already submitted the AOS application (I-485) and divorce prior to its approval, it wil be denied. The parties have to be married at the time of approval in order to successfully adjust ina marriage-based petition. If you are certain that the marriage is over and cannot be reconciled, and you wish for your spouse to be have ease in visiting the USA at a later date, after abandoning the immigration process and returning to her homeland, then it would be wise to withdraw the pending petition rather than leave it in place for it to be denied later.

Thanks for the response. Let's assume that we do split up prior to the approval of the I485, and suddenly, the petition becomes null. What can she do to return to the USA? I don't have a problem writing an affidavit that states that the marriage was entered in bona fide (good) terms and her intention was not to get a green card.

On what basis would she be seeking entry to the US?

Presumably, on a tourist basis, or so I am led to believe.

[sawastea 0]

On what basis would she be seeking entry to the US?

Presumably, on a tourist basis, or so I am led to believe.

That is correct, it would be for tourist visa. I have nothing against her, and like I stated, I don't mind (and want her) to have the ability to come back to the states.

[Nancy2015 2]

On what basis would she be seeking entry to the US?

Presumably, on a tourist basis, or so I am led to believe.

That is correct, it would be for tourist visa. I have nothing against her, and like I stated, I don't mind (and want her) to have the ability to come back to the states.

I don't believe you will have any influence over the issuance of a tourist visa. She will have to prove ties to her home country when she applies for a tourist visa, and if she succeeds, she will be granted one, without any help from you. Yes, you can write an affidavit that she is not going to stay in the US, but I don't think these affidavits are very helpful - Consuls normally like to see some hard evidence of strong ties to the home country - like, permanent employment, lots of money in the bank, assets, family ties...

I sincerely wish her luck, and I hope you both will be happy whatever decision you make

[Boiler 45,972]

A combination of Argentina and the other issues suggests that she is going to have to go some to get a Tourist visa, not that you have any input in it anyway.

But whilst many USC's seem to have trouble with this, there are plenty of other interesting destinations.