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Dbeard

Effect of separation/divorce on change of status

By Dbeard in Effects of Major Family Changes on Immigration Benefits

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Dbeard Newbie

Dbeard   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

Dear All,

 

I currently have my change of status (K1 visa) being processed and my wife of only 2 months has just announced that she whats to separate and possibly divorce. Obviously I am devastated by this, the marriage was entered into in good faith.

 

Can anyone advise as to where this leaves me as to my change of status? Also, will I have to leave the USA, if so when?

 

Many Thanks 

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Jing&Kuting Explorer

Jing&Kuting   137

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

Hi, 

 

I am so sorry to hear that. We almost have the same timeline so I do feel sad that you guys are already separating. If you don't mind me asking why are you guys splitting up? Because maybe you can just talk to her to complete the AOS so you can receive your green card? 

10/27/16 - I-129F mailed to Lewisville, TX
11/01/16 - Delivered at Lewisville, TX
10/31/16 - NOA1 Text and Email. Case sent to CSC
11/04/16 - NOA1 Hard Copy Received
01/13/17- NOA2 Text and Email  **wohhoooo 76 days**
01/20/17 - NOA2 Hard Copy Received 
01/27/17 - Embassy Received. Case status set as Ready
02/07/17 - Medical ( Passed!!!!)
02/23/17 - Interview (APPPRRROOOOVVEEDDDDD)
02/24/17 - Visa Issued

02/28/2017 - Visa in Hand =)

04/03/2017 - Pick up our doggy passport for our fur child
04/06/2017 - Arrived in USA!!!

04/24/2017 - Applied for SSN

04/28/2017 - SSN arrived, got a state ID card and opened bank account

06/05/2017 - Passed the DMV test! Yey I can drive. 

06/09/2017- Our Wedding 

06/30/2017 - Submitted our AOS packet 

07/05/2017- Check got encashed and notification that they received our packet 

07/11/2017 - received a text and email for NOA1 

07/17/2017 - hard copy of NOA 1 received in the mail for (EAD, AP and AOS)

08/04/2017 - biometrics scheduled 

08/14/2017 - received update that they are ready to schedule the interview 

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
1 hour ago, Dbeard said:

Dear All,

 

I currently have my change of status (K1 visa) being processed and my wife of only 2 months has just announced that she whats to separate and possibly divorce. Obviously I am devastated by this, the marriage was entered into in good faith.

 

Can anyone advise as to where this leaves me as to my change of status? Also, will I have to leave the USA, if so when?

 

Many Thanks 

If you divorce and she pulls the I-864, then you have to leave the USA when they give you the notice that your I-485 is denied.  

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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geowrian Grand Master

geowrian   22,337

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

A drawback of a K-1 is that your path to a green card is limited to AOS from the I-129F petitioner (barring a successful VAWA claim, which doesn't seem to apply here). If you divorce and she pulls the I-864, it's over.

 

There is Matter of Sesay which permits AOS from a K-1 even if you divorce, but 1) this is an uphill battle, and 2) the I-129F petitioner must still provide an I-864 (as well as a joint sponsor if they don't meet the financial requirements). No I-864 = no green card for you.

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

 

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