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PENDING ADJUSTMENT OF STATUS AND DIVORCE

By marino brown in Effects of Major Family Changes on Immigration Benefits

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marino brown Newbie

marino brown   0

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted

I have been married for 5years.my wife is an American citizen. she petitioned on my behalf. our interview didn't go well so my case has been pending although my work permit(EAD) is renewed every year. we have had misunderstandings that had led to the breakdown of our marriage. we are getting a divorce and i wanted to know

1. how long do I need to wait before I get married to another citizen? cos my new wife is willing to help me adjust my status..THANKS

Roel Experienced

Roel   7,192

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted

If you came on the K1 visa you Cannot! Adjust through another US citizen. If you're divorced then you have no way to legally stay in the US. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

From a technical requirement, it depends on what basis you're filing for AOS. If you came to the US via a K-1, then there is no other option...you must AOS from the K-1's petitioner. If it was from another visa/status, then you are permitted to do so. There is no hard requirement for time to be married to adjust status. You just need to be free to marry before filing...i.e. you need a final divorce decree first.

Edit: To further clarify...if you came on a K-1, then you cannot AOS via a different spouse. However, you can seek a CR-1/IR-1 visa abroad still. If that is the case, then depending on how long you overstayed in the US you may incur a ban upon exit and need an I-601 waiver.

 

However, a previously denied AOS based on marriage will add additional scrutiny. A quick divorce and re-marriage is another red flag. It's going to seem very suspicious that you came to the US, married somebody but was unable to AOS, divorced them, then married somebody else...even more so if the reason for denial was due to a lack of a bona fide marriage. An overlap in the timeline of meeting the new spouse while still married (or even while separated) is another red flag.

Edited by geowrian

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

 

Penguin_ie Grand Master

Penguin_ie   5,994

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

***** Moving from AOS from Family Visa to Effects of Major Changes forum for more answers and as Op came on a tourist visa, not a family visa *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

TBoneTX Grand Master

TBoneTX   45,381

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

A noncontributory post has been removed.  Post constructively or don't post.

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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