Rights if Separated - Waiting for CG Interview

[Villanelle 4,122]

6 minutes ago, Hopeful diva said:

Never heard of such. Where is it written on the USCIS website? 

I dont believe it is on the USCIS website of 'general info' and processes. The "matter of Sesay" was a BIA decision. That makes it policy for lack of a better word. Since a court ruled that way- USCIS is bound to follow it for that case and any other cases in the future. I think the word is 'precedent' (?) Im not a lawyer so I honestly dont know the correct legal terminology- but basically once the court makes a ruling like that, it counts for everyone. The next person doesnt have to go to court and ask for it. Since it was decided once its good for all. 

[NikLR 13,227]

37 minutes ago, Hopeful diva said:

She can't go through AOS because so far as its a family based application, her spouse MUST be present for the AOS interview. She will be denied if he's not there and could be placed under investigation for suspicion of fraudulent marriage 

http://asianjournal.com/immigration/k-1-fiancee-adjusting-status-after-a-separation-or-divorce/

[IcezMan_IcezLady 582]

17 hours ago, aleful said:

hi

 

nothing, you accepted the fact that if it didn't work, you have to return to your country

 

he can withdraw the petition and the i864 before the interview, there is nothing you can do, you can't even remarry and adjust status through another usc spouse because you came on a k1, you can only get a GC through your husband

 

if you'd stay you will be illegally here and deportable, so the best thing you can do is divorce and return to your country

 

 

That's not true. .

She can marry someone else and adjust through this petitioner.

Refer to Matter of Sesay... (i learned this from Hypnos).

[Boiler 45,525]

Her soon to be ex would be crazy not to pull the I 864.

[Will_and_Tu 46]

55 minutes ago, IcezMan_IcezLady said:

That's not true. .

She can marry someone else and adjust through this petitioner.

Refer to Matter of Sesay... (i learned this from Hypnos).

Except that marrying someone else for the express purpose of acquiring a new petitioner to receive a GC is not the purpose of Sesay and is a fraudulent move.

 

You correctly describe a means by which someone could remain in the States, but it's not really a lawful option for the OP, whose only legitimate option is divorce and a return home.

[IcezMan_IcezLady 582]

6 minutes ago, Will_and_Tu said:

Except that marrying someone else for the express purpose of acquiring a new petitioner to receive a GC is not the purpose of Sesay and is a fraudulent move.

 

You correctly describe a means by which someone could remain in the States, but it's not really a lawful option for the OP, whose only legitimate option is divorce and a return home.

The new person has nothing to do with her case. Even if she were to marry a new spouse, she is still allowed to adjust through her former spouse ( the current spouse).

[mallafri76 1,012]

1 hour ago, IcezMan_IcezLady said:

That's not true. .

She can marry someone else and adjust through this petitioner.

Refer to Matter of Sesay... (i learned this from Hypnos).

Read the link that NikLR just posted about the Sesay verdict. As I understand it, a divorced k-1 can still adjust but only through the initial k-1 petitioner. 

Edited January 31, 2017 by mallafri76

[KierenHby 899]

What's to stop the next K1 beneficiary to enter the US, get married, and then decide to split? Does the beneficiary spouse divorce and return home.. or fight to claim s\he be allowed to Adjust because they entered the marriage in good faith? Tough call..

[IcezMan_IcezLady 582]

4 minutes ago, mallafri76 said:

Read the link that NikLR just posted about the Sesay verdict. As I understand it, a divorced k-1 can still adjust but only through the initial k-1 petitioner. 

I guess I should have made the statement clearer.

"this petitioner" was referring to OP's current husband.

SO Op can divorce and remarry but can still adjust through current spouse (who will be an ex)

[NikLR 13,227]

1 hour ago, KierenHby said:

What's to stop the next K1 beneficiary to enter the US, get married, and then decide to split? Does the beneficiary spouse divorce and return home.. or fight to claim s\he be allowed to Adjust because they entered the marriage in good faith? Tough call..

The original K1 petitioner still has to supply the I-864.  Without that, they indeed have no way to adjust unless some sort of abuse happened, which does not sound like the case for the OP. 

[Daisy.Chain 317]

21 hours ago, Emmylou151 said:

First of all, immigration is tough!

My husband (the USC) and I have decided that we are no longer willing to make our marriage work. I came here on a K1 Visa, and we married in February 2016.

I am now in Arizona, my USC husband is in Ohio (also where our paperwork is addressed at). We filed for AOS in June, and our case is still waiting for an interview to be scheduled.

 

I guess my questions are as follows:

 

1. Is there a way I am able to stay in the states and get GC without my husband having to "bend the truth"?

2. If we file for divorce now, where do I stand?

3. Basically, what the hell can I do?

 

Any help appreciated. I have seen a lot about the waiver, but I understand this is only if you have your conditiona GC and a divorce decree.

I'm not sure what you could without the conditional green card -I suspect that in a relationship without documented abuse, as yours seems to be, you will have to return to your home country. However, be very careful that you do not "bend the truth" (lie) to USCIS..The consequence for misrepresentation is usually a ban!

 

I'm sorry that your marriage is not working out. Is there any chance? Perhaps you could try some counseling?

[Hypnos 6,576]

It hinges on whether the original spouse will continue his I-864. If for some reason he will then Matter of Sesay applies and the AoS can proceed. 

 

If he pulls the I-864 then the OP has no path to permanent residency through AoS since a K-1 can only adjust status through their original petitioner or VAWA. 

Edited February 1, 2017 by Hypnos

[Fr8dog 312]

Time to get the old google machine out:

 

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

https://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes from Previous Engagements/2012/March 2012/AILA_Field_Ops_32112_Cleared.pdf

 

That should tie you over for a few hours

I just quick scanned the docs and there might be something in there for you. But as stated before, it all hangs on the willingness of your soon to be ex and the original I-864.

 

Edited February 1, 2017 by Fr8dog

[controlla 104]

OP's post reeks of desperation. I'm surprised this thread hasn't violated VJ's "TOS"

[JFH 12,190]

10 hours ago, controlla said:

OP's post reeks of desperation. I'm surprised this thread hasn't violated VJ's "TOS"

I don't see any desperation or TOS violation in her post. She has factually explained that the marriage isn't working and wants to know if she can legally stay in the USA. It's a perfectly valid question. She has been here for a year, has probably made friends, possibly has a job here. It's understandable that she now feels settled here and would like to stay rather than return to the U.K to no job and having to find somewhere to live, etc. 

 

OP, I'm sorry to hear it didn't work out. I remember you from the UK sub-forum and your helpful posts. I hope you can find happiness, wherever that may be.