Advice on Annulment/Divorce for Marriage through K1 Visa.

[LTandAC 0]

Sorry if this isn't the correct place to post this.

 

I am a citizen of the US while my partner is a citizen of Australia. We started the K1 Visa process about a year ago in May of 2016. She moved here in February 2017 with a K1 Visa and we got married in April 2017. We have not yet filed Form I-485, so she isn't a permanent resident.

 

After being married for 2 months, we have been through complications and just can't seem to work things out. It seems that through love, we blindly rushed through everything.

 

I'm posting here with hopes that someone can offer advice on how we can best move forward with an annulment/divorce. We got married in Los Angeles CA, and live in Las Vegas NV. My partner is worried that if we get an annulment/divorce, she will get "dinged/flagged" and won't be let back into the US in the future. Before anyone assumes, no she is not here for citizenship. She does not want to stay here if we divorce. She just wants to be able to return in the future for Holiday/Visits.

I don't want her to be negatively affected through this process. I just want a civil/fair outcome for both parties.

 

Thanks for your time.

[Ontarkie 14,588]

~~Moved to Effects of Major Life Changes, from USC General Discussion.~~

[Eric-Pris 1,607]

You should file for divorce as soon as possible and she needs to return home.  As far as her being able to visit again in the future, here's the problem.  Her 90 days was up sometime in May, so she is technically "illegal".  She has been accruing overstay days since her I-94 expired.  It has only been a month so it's not bad, but it's still an overstay.  If you had filed for her permanent residence, that overstay would have been overlooked.  But since you've decided to divorce, that overstay will stand.

 

She should return home ASAP because each day that she stays here, she's accruing more overstay.  At 180, it triggers an automatic 3 year ban from the US.

Edited June 30, 2017 by Eric-Pris

[caliliving 606]

that really sucks.. she is already an overstay so her VWP privledges are revoked and her chanes of getting a B2 are slim to none.. honestly, she doesnt have a good chance to visit! and anything over 180 days is an automatic 3yr ban which is really like a lifetime ban bc they wont give you a tourist visa after that is up... she is in a really bad situation and one of hte reasons i reccommend cr1 over a k1