K1 LPR Divorce need help

[Dizzi2004 0]

I came over on a k1 visa and have been married since 02/0315. We have a daughter 21 months old. Were divorcing, likely contested. I am LPR status until January 2018. I want to know what I can do to remain in the us for my daughter if we divorce. I know we don't meet the 2 year marriage condition yet but we may before we divorce. I have a good job here also.help... Please

[Pitaya 2,577]

~Moved form K1 Process to Effects of Major Family Changes in Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[aidan80 9]

I came over on a k1 visa and have been married since 02/0315. We have a daughter 21 months old. Were divorcing, likely contested. I am LPR status until January 2018. I want to know what I can do to remain in the us for my daughter if we divorce. I know we don't meet the 2 year marriage condition yet but we may before we divorce. I have a good job here also.help... Please

I had a similar experience a number of years ago (2009), unless things have changed since. I came in on a K1, acquired my temporary resident card and before it expired I'd left my then wife. From what I remember at the time as long as we where still legally married when we applied for Removal of Conditions all would be good. Conditions where removed just a couple of months before we where legally divorced. I'd suggest if at all possible delaying divorce until removal of conditions have occurred. If you can't I believe you can still put forward a case since you have a child and are already a LPR without obvious intent to defraud for immigration benefits. You may need to do additional research either here on VJ, I'm sure other members can assist if your divorced before you apply for removal of conditions. Worst case is you hire a lawyer and go that route.

When does your resident card expire? If it's soon I'd apply for removal of conditions as soon as is possible more importantly before the new regime ascends to office.

[LoveAlways2 90]

Hi,

You can Divorce and Remove Conditions with a divorce waiver. This should not be complicated as long as you demonstrate that you entered the marriage in good faith (which you have to demonstrate regardless if you do not get divorced).

Just make sure you save your evidence for bonafide marriage and you will be good if you divorce.

I came over on a k1 visa and have been married since 02/0315. We have a daughter 21 months old. Were divorcing, likely contested. I am LPR status until January 2018. I want to know what I can do to remain in the us for my daughter if we divorce. I know we don't meet the 2 year marriage condition yet but we may before we divorce. I have a good job here also.help... Please