Jump to content
God dey.

Divorce after before temporary green card interview on K1 visa

By God dey. in Effects of Major Family Changes on Immigration Benefits

 Share

40 posts in this topic

Recommended Posts

God dey. Newbie

God dey.   1

Posted
Filed: AOS (pnd) Timeline
Posted

I came into the US on a k1 Visa (fiance visa) and married my fiance (female,30 yr old Healthcare lawyer) within the allowed 90 days. Since then, we have filed successfully for an adjustment of status. I have received my Work Permit and advance parole.  But have not yet received my temporary green card. The USCIS received our case by December 2016, their website says they are currently processing cases received in February 2016. We have married 8 months. Things have fallen apart in the marriage and she says she is no longer interested. I think she will file for a divorce as she can hardly claim grounds for an annulment (except fraud, which ia false and will be terribly difficult for her to prove) I want to know how this will affect my status in the US as I have not yet received my temporary green card. I would also like to know how much time I would have in the US after the divorce is finalized and what my options are. 

  • Replies 39
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

JFH
JFH

You haven't said anything about wanting to work on making a success of the marriage. If my husband said he "wasn't interested" anymore I'd be distraught and would do anything to get the marriage back

Roel
Roel

Sounds like you're just desperate to get that green card. Sorry but I don't believe in the actual abuse. You'd mention it. But you first mentioned "losing your career" as an abuse and only later said

Georgia16
Georgia16

You are right.   There will be no legal path for you in the US. If she wants to divorce now then you have no way to GC.  

zilchfox Community Regular

zilchfox   296

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

Your AOS entirely depends on that marriage. If it's not been approved at this point, your wife can still pull her I-864 support and then you're left straggling, additionally your EAD/AP will be terminated.

 

If I'm not wrong, you'll have to move back home.

03-19-2021: Officially an American Citizen 🇺🇸 Entire journey from initial K-1 Visa filing to Naturalization took 5 years, 8 days.

You can see my complete timeline by clicking here.

 

  • Popular Post
Georgia16 Mentor

Georgia16   2,858

Posted
Filed: Citizen (apr) Country: Denmark
 Timeline
  • Popular Post
Posted
1 minute ago, zilchfox said:

Your AOS entirely depends on that marriage. If it's not been approved at this point, your wife can still pull her I-864 support and then you're left straggling, additionally your EAD/AP will be terminated.

 

If I'm not wrong, you'll have to move back home.

You are right.

 

There will be no legal path for you in the US. If she wants to divorce now then you have no way to GC.

 

 

 

 

 

zilchfox Community Regular

zilchfox   296

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
2 minutes ago, Georgia16 said:

You are right.

 

There will be no legal path for you in the US. If she wants to divorce now then you have no way to GC.

 

That's what I figured. OP would only get a GC at this point if the I-864 isn't pulled in time, and the GC gets approved out the blue without an interview, but my guess is that OP's wife would try to stop that from happening.

03-19-2021: Officially an American Citizen 🇺🇸 Entire journey from initial K-1 Visa filing to Naturalization took 5 years, 8 days.

You can see my complete timeline by clicking here.

 

Georgia16 Mentor

Georgia16   2,858

Posted
Filed: Citizen (apr) Country: Denmark
 Timeline
Posted
1 minute ago, zilchfox said:

That's what I figured. OP would only get a GC at this point if the I-864 isn't pulled in time, and the GC gets approved out the blue without an interview, but my guess is that OP's wife would try to stop that from happening.

Yes that is correct also. But if they do get an interview he will be denied. 

 

I would also think the wife would stop it if she is in the path of divorce. 

 

 

 

 

zilchfox Community Regular

zilchfox   296

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
Just now, God dey. said:

Depressing. Will it change anything if I am able to prove that I was abused in the marriage? 

How are you abused? And why are you so interested in keeping your GC? If it were my spouse, I'd want the heck out of here and I'd move back home ASAP.

03-19-2021: Officially an American Citizen 🇺🇸 Entire journey from initial K-1 Visa filing to Naturalization took 5 years, 8 days.

You can see my complete timeline by clicking here.

 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
2 minutes ago, God dey. said:

Well, alot was sacrificed for this marriage. I left my career in a transition phase for the marriage (at her incessant urging) and it would prove extremely difficult to restart back in my country. 

I'm sorry, but that is not considered abuse for VAWA purposes. We're talking like physical abuse or extreme emotional cruelty. The abuse must be verifiable as well. Leaving a career would not qualify.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
1 minute ago, God dey. said:

I understand this. I mentioned leaving my career in response to why I am interested in a GC at all. The abuse was emotional and verbal. 

If you have evidence supporting the abuse and believe it meets VAWA requirements, you can file a claim. That would be your only realistic option to remain in the US.

http://www.nolo.com/legal-encyclopedia/green-card-under-the-violence-against-women-act-vawa-who-is-eligible.html

http://www.nolo.com/legal-encyclopedia/proving-your-vawa-case-evidence-submit.html

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Starkilla09 Proficient

Starkilla09   366

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

Abuse must be verifiable with evidence such as notes from psychiatrist etc and you must've suffered severely to convince USCIS. As a K-1 applicant you can't adjust status in the U.S. by any other means except through your petitioner even if you marry another U.S citizen. 

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

02/27/2019: Joint I-751/N-400 Interview.

05/14/2019: I-751 APPROVED.

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

01/23/2019: Interview Scheduled for 2/27/2019.

02/27/2019: Joint I-751/N-400 interview. N-400 recommended for approval.

05/16/2019: N-400 APPROVED! Placed in line for oath ceremony.

05/17/2019: Oath ceremony notice mailed.

06/12/2019: Swearing in Ceremony! Finally a U.S. citizen!

 

 

 

 

 

 

 

Boiler Grand Master

Boiler   45,581

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

I agree with everybody else, a VAWA case needs to be worked on, lots of good information available, a lot of information on VJ, do not assume it is a given.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

TBoneTX Grand Master

TBoneTX   45,365

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
3 hours ago, zilchfox said:

If I'm not wrong, you'll have to move back home.

It's more precise to say "you'll have to leave the U.S."

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(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...