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mets

Divorce after US Visa approval

By mets in Effects of Major Family Changes on Immigration Benefits

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mets Newbie

mets   0

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

Hi Everyone:

I got married with US citizen and she sponsored me. Few weeks ago I got the immigrant visa approved but now she doesn't want to continue marry and want the separation/divorce.

I am not sure what will happen with my permanent status if I get divorced. Is anyone went through this type of situation?

Appreciate any response.

juanda2 Rookie

juanda2   1

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

you can get divorced, and when you file for removal of conditions, just file with the waiver option checked. make sure you document all evidence possible that it was a real marriage, and the circumstances of why it ended so soon. be prepared to answer questions in an interview if they call you on one.

Illiria Proficient

Illiria   980

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You say you have the visa approved, are you in the us or your home country? Has she already applied for a divorce?

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

TBoneTX Grand Master

TBoneTX   45,865

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread is moved from the Introducing Our Members forum to the Effects of Major Changes forum, to be among similar-themed threads.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Sandra G. Veteran

Sandra G.   5,057

Posted
Filed: Other Country: Brazil
 Timeline
  • Popular Post
Posted

Considering you are still in India and never lived with her in the Unites States, I really doubt you will be able to renew your green card in the future.you will be able to come to the United States with your CR 1 visa, but after 2 years you have to renew and I believe your l751 will be denied, considering that she decided to get divorce right after you got your green card.

I'm not saying is your situation but immigration is aware about a lot of sham marriages, in your case I believe they will be very suspicious about the nature of your marriage, once she is divorcing you right after you got your green card as I said before.

Illiria Proficient

Illiria   980

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Sandra - he would be able to come even if the us spouse has already filed for divorce? From OP post it looked like his US spouse was looking to file as soon as possible and may have now started the paperwork.

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

Sandra - he would be able to come even if the us spouse has already filed for divorce? From OP post it looked like his US spouse was looking to file as soon as possible and may have now started the paperwork.

Divorce not final = still married. So he should be able to come. But I agree that ROC will be very difficult.

kkk1 Explorer

kkk1   42

Posted
Filed: IR-1/CR-1 Visa Country: Singapore
 Timeline
Posted

Hi Everyone:

I got married with US citizen and she sponsored me. Few weeks ago I got the immigrant visa approved but now she doesn't want to continue marry and want the separation/divorce.

I am not sure what will happen with my permanent status if I get divorced. Is anyone went through this type of situation?

Appreciate any response.

I went through same situation except I had IR-1 visa. Read my post. Well since your marriage is real and if you can show you enter in good faith something might be helpful. Also, since you are coming on CR1 to apply for 10 year green card / I-751, and appear for interview would be tricky situation because you guys are not living together for single day. For your information Indians and Chinese people are questioned a lot in interview because there are lot of fraud cases. Well contact immigration lawyer. It will and ask them if you can do something in case you are coming. It is 250 usd for an hour consultancy. You can ask any question in this period. In addition to this advice given by people here are very close to consult an lawyer.

She might be fallen out of love or she might have found someone. Lot of people are sucessfull to come here but not sucessfull in retaining marriage. This is how visa process is. It has very long time. I know how it could be for you to answer people about your marriage. You might wants to come so that you wont be answerable to anyone. Man be strong and don't feel depress. There will be lot of bad time you need to suffer after coming here. It is not that easy. If you come here and things might work out between two. She might realize it.

zkt101 Explorer

zkt101   38

Posted
Filed: Country: Brazil
 Timeline
Posted

Hi Everyone:

I got married with US citizen and she sponsored me. Few weeks ago I got the immigrant visa approved but now she doesn't want to continue marry and want the separation/divorce.

I am not sure what will happen with my permanent status if I get divorced. Is anyone went through this type of situation?

Appreciate any response.

You don't have no status yet because you are not in the USA. After your entry into the US, you will have a conditional resident status. After two years, you have to file a self petition to remove the condition, which is a difficult one since you won't have any co-mingling evidence with your spouse in the U.S.

 
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