Advice needed: Relationship termination before green card is approved

[johnnyjohnny 0]

Hi guys

Ok, so I came here on a K-1 visa last year. I was married in August 2014 to a US citizen and filed for Adjustment of Status in November 2014.

My wife and I are no longer together (although still legally married) and I have been informed that she is sending a notice to USCIS to let them know we are separated.

As my conditional resident green card has not yet been issued and I'm still in the Adjustment of Status phase, does this mean I will be placed into removal proceedings? I know eventually I would be able to request a waiver but since I don't have my green card yet I don't think this is a legal option for me. I can provide plenty of evidence that supports the claim it wasn't my fault the relationship ended and that the marriage was entered into in good faith.

I realise it's probably a long shot and the most likely outcome for me is deportation, but I thought I would ask you fine people and see if anyone knows something I may have missed. I'm aware there's not much I can do without a green card, but I'm hoping there may be some option I've overlooked or have yet to discover.

I don't want to leave the US. I've been here for almost a year and a half now; I'm happy here, I'm building a good life for myself and I have a good job and a fine group of friends. I was planning on attending college next year. I gave up everything to come here for my relationship and if I am forced to leave, I will lose everything again.

Any advice or help you could provide would be greatly appreciated.

Thank you!

Edited December 30, 2015 by Penguin_ie

[Transborderwife 4,666]

Without a bonafide marriage you cannot adjust your status here. If you haven't interviewed you're out of luck and must go home. A k1 cannot adjust status any other way.

I'd also suggest changing your user name

Edited December 30, 2015 by Transborderwife

[NigeriaorBust 4,087]

If you don't have any green card yet there is no option for you to stay. Your ex to be will be pulling her affidavit of support and as a K1 entrant the only way you can adjust status is through marriage to the person that petitioned you.

[Cathi 5,782]

the only option you have is to go home

[Flex60369 3]

If you are working I would suggest an immigration lawyer to tell you your options. Hell if people can walk in this country with no documents and not get deported so can you.

Edited December 30, 2015 by Flex60369

[KayDeeCee 4,895]

If the USC petitioner/sponsor withdraws the I-864 before your green card is approved, then you cannot AOS.

[LORIEandPHIL 123]

You filed 13 months ago? Did you get a letter saying you may not need an interview? You could get lucky and receive your green card before she does anything. If not then you only have one option and that is to return home.

[Pitaya 2,577]

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

~Similar topics are often discussed at this forum~

[kkk1 42]

Hi guys

Ok, so I came here on a K-1 visa last year. I was married in August 2014 to a US citizen and filed for Adjustment of Status in November 2014.

My wife and I are no longer together (although still legally married) and I have been informed that she is sending a notice to USCIS to let them know we are separated.

As my conditional resident green card has not yet been issued and I'm still in the Adjustment of Status phase, does this mean I will be placed into removal proceedings? I know eventually I would be able to request a waiver but since I don't have my green card yet I don't think this is a legal option for me. I can provide plenty of evidence that supports the claim it wasn't my fault the relationship ended and that the marriage was entered into in good faith.

I realise it's probably a long shot and the most likely outcome for me is deportation, but I thought I would ask you fine people and see if anyone knows something I may have missed. I'm aware there's not much I can do without a green card, but I'm hoping there may be some option I've overlooked or have yet to discover.

I don't want to leave the US. I've been here for almost a year and a half now; I'm happy here, I'm building a good life for myself and I have a good job and a fine group of friends. I was planning on attending college next year. I gave up everything to come here for my relationship and if I am forced to leave, I will lose everything again.

Any advice or help you could provide would be greatly appreciated.

Thank you!

Here you will find VAWA thread; that might help in your case. Keep all evidence of your bonafied marriage. Some expert will soon help you to figure out this. Hope everything works fine for you.

[nane1104 146]

Here you will find VAWA thread; that might help in your case. Keep all evidence of your bonafied marriage. Some expert will soon help you to figure out this. Hope everything works fine for you.

Why VAWA? There was no mention of any abuse in the original post.

[Penguin_ie 5,996]

How long have you been separated? While there are cases which take over a year for AOS, I wonder if there is a chance your greencard arrived some time ago, and your wife kept it. What does your online status say?

[Unidentified 2,930]

Here you will find VAWA thread; that might help in your case. Keep all evidence of your bonafied marriage. Some expert will soon help you to figure out this. Hope everything works fine for you.

Why would she file VAWA? You know that's for domestic abuse right? Not all break ups happen because of domestic abuse. And I hope you're not suggesting she fabricate some VAWA story?

[kkk1 42]

Why would she file VAWA? You know that's for domestic abuse right? Not all break ups happen because of domestic abuse. And I hope you're not suggesting she fabricate some VAWA story?

I said VAWA thread is one thing that "might" help you. I am not asking to create any story. Not everyone discloses everything here. I agree not all relationship gone through abuse but in case if he or she went through abuse this could be option to secure life here. It is just one suggestion. I would never suggest someone to create a false story. I would like to apologies if I have highlighted something I shouldn't.

[TBoneTX 45,865]

An unnecessarily assaultive post, and a reaction to it, have been removed.

VJ Moderation

[Sandra G. 5,057]

The UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT theld that a K visa recipients that good marriage in good faith and the relationship ended in divorce prior to the adjudication of the adjustment application are still entitled to adjust to resident status. See the case of Choin vs. Mukasey, No.s 07-70941 and 06-75823 (9th Cir.) and see Matter of Alfred Kebbie SESAY as well.

https://shusterman.com/pdf/choinopinion-9thcircuitcourtofappeals2008.pdf

http://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3707.pdf

Edited January 5, 2016 by sandranj