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KristyD

K1 visa ended due to relationship ending

By KristyD in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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cantofla Enthusiast

cantofla   44

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

Hi there. Sorry to hear that your relationship didn't work out.

 

Unfortunately, your green card will not be approved if your marriage has ended.

 

I would say you have up until the expiration of your I-94 to leave the country, but there really is no other option for you to stay right now.

 

You can always return as a visitor on ESTA in the future (provided you haven't violated any immigration laws that would make you ineligible for ESTA), but expect to be asked for a lot of proof tying you to Australia. Best of luck to you

Edited by cantofla

- Removal of Conditions Timeline -

07/31/17 - Mailed I-751 package to California Service Center

08/01/17 - Package delivered to CSC

08/05/17 - NOA1 received by US mail

08/10/18 - Rec'd new NOA1 with 18 month extension instead of 12 months

10/15/18 - Case transferred to Nebraska

12/26/18 - ROC Approved

Boiler Grand Master

Boiler   45,711

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

K1 gives you 90 says so as long as you leave before then you will have no overstay can use the VWP to visit etc.

“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.”

Hypnos Grand Master

Hypnos   6,577

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)
2 hours ago, cantofla said:

Unfortunately, your green card will not be approved if your marriage has ended.

Matter of Sesay disagrees.

 

https://mikebakerlaw.wordpress.com/2011/03/23/matter-of-sesay-k-1-fiancee-who-timely-married-petitioner-may-adjust-status-even-if-marriage-has-ended-bia-holds/

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Going through Mentor

Going through   5,671

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

You already have another thread on this from yesterday and got answers there..

 

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Georgia16 Mentor

Georgia16   2,858

Posted
Filed: Citizen (apr) Country: Denmark
 Timeline
Posted
2 hours ago, KristyD said:

If our marriage ends and I still haven't got my green card, Am I allowed to remain in the country until the divorce processes and when can I get an ESTA to come back? Do I need to return to Australia before coming back or not?

Can you give a timeline?

 

When did you enter?

When did your I-94 expire?

When did you get married?

 

 

 

 

 

Boiler Grand Master

Boiler   45,711

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

Why would you be looking to return and when.

 

So no adjustment filed for, no more VWP, can apply for a B.

“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.”

geowrian Grand Master

geowrian   22,337

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

At the point AOS is denied, your authorized stay in the US terminates and you begin (or resume if you already had) unlawful presence. Accumulate at least 180 days of unlawful presence and you will incur a 3/10 year bar on any visa when you exit the US. However, having any overstay will make getting another (non-immigrant) visa harder. Even without any overstay, it's unlikely to get any non-immigrant visa in the near future just on the basis that AOS was recently, which creates a pretty strong case of immigrant intent. As long as you did not overstay at any point, you can still qualify for an ESTA to visit (I'm assuming you're from a VWP country), but (as always!) CBP can still deny entry if they suspect immigrant intent.

 

It's possible there will not be an interview adjusting from a K-1. However, any competent divorce attorney would suggest withdrawing the I-864 as it's a fairly heavy liability with presumably no benefit to the sponsor anymore, which will end your green card path.

 

Technically it's possible to continue the AOS process with a divorce (see Matter of Sesay), but it's a difficult path. Plus the (former) spouse still needs to submit an I-864 for the intending immigrant (and not withdraw it before AOS approval).

 

7 minutes ago, KristyD said:

he has already provided it, we have done all that paperwork etc.  im now waiting on my green card and work permit

Are you sure they won't withdraw it?

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

 

Boiler Grand Master

Boiler   45,711

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

Normally the first thing is for the sponsor to pull the I 864 and then of course you may be interviewed.

“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.”

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

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