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Alexmagno

Can Visa k1 holder divorce?

By Alexmagno in General Immigration-Related Discussion

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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Yes, they can divorce and marry anyone they want. However, if they do not have a green card yet, they cannot adjust status through anybody else. They would have to go through consular processing abroad (and hopefully they haven't accumulated too much unlawful presence to get a bar on exit and need a waiver).

 

There technically is an exception under Matter of Sesay if the marriage was entered into in good faith AND the ex is still willing to go through with the I-864 (affidavit of support) for her. But this is an uphill battle...definitely not easy.

 

Expect additional scrutiny on another visa...if they suspect the 1st marriage was fraudulent, things will not go well. A quick divorce and remarriage is a big 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

 

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Ketsuban Experienced

Ketsuban   1,034

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Filed: Citizen (pnd) Country: United Kingdom
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They can but they have to go back to their home country before accruing illegal overstay and file for a spousal visa to come back.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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Alexmagno Newbie

Alexmagno   0

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10 minutes ago, geowrian said:

Yes, they can divorce and marry anyone they want. However, if they do not have a green card yet, they cannot adjust status through anybody else. They would have to go through consular processing abroad (and hopefully they haven't accumulated too much unlawful presence to get a bar on exit and need a waiver).

 

There technically is an exception under Matter of Sesay if the marriage was entered into in good faith AND the ex is still willing to go through with the I-864 (affidavit of support) for her. But this is an uphill battle...definitely not easy.

 

Expect additional scrutiny on another visa...if they suspect the 1st marriage was fraudulent, things will not go well. A quick divorce and remarriage is a big red flag.

This guy has some videos of her throwing his clothes away, she used to do drugs, that the reason he can't stand with her.. and told me some lawyers told him he can send USCIS to stop the process and divorce and later try to find another couple that could help him

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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3 minutes ago, Alexmagno said:

This guy has some videos of her throwing his clothes away, she used to do drugs, that the reason he can't stand with her.. and told me some lawyers told him he can send USCIS to stop the process and divorce and later try to find another couple that could help him

If he entered on a K-1 then he cannot adjust status through anybody else. That's a condition of the K-1 visa.

 

Try to find another couple that can help him? This sounds like marrying for immigration benefits...not legal and very not good. As stated before, he can be petitioned by another USC fiance or spouse, but he must interview abroad.

 

He can stop the process at any time. She can as well by withdrawing the I-864.

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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GreatDane Rising Star

GreatDane   366

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Filed: Lift. Cond. (pnd) Country: Denmark
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AOS can only be done through the spouse. If a marriage failed later on, then there are petitions. At this point, it's better for your friend to cut their losses and go back to their home country. If they find someone at a later point, in the US or in another country, they can revisit immigration at that point.The failure of a marriage is rough - I can't see why anyone would want to move on so quickly unless it was for immigration benefits.

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BuiQuang Enthusiast

BuiQuang   95

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k1 visa holder can divorce.  k1 visa holder can marry other US citizen.  K1 visa holder can only adjust through original k1 petitioner only.

 

if k1 divorce and marry, k1 can not get green card from new husband.  k1 must go home and new husband file for spousal visa.  only way.  US will suspect fraud with recent marriage, recent divorce, and recent 2nd marriage.

 

 

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f f Proficient

f f   725

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you can divorce the first usc get married to the second then have them file a i130 for you. then you leave country and go to the interview overseas and when you come back on a cr1 visa you will have a greencard.

 

staying married just to get the greencard is fraud. you have already shown intent on staying with your current spouse long enough and have another usc waiting to marry you so using your current marriage just to get a greencard makes it void for immigration purposes.

Edited by f f
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SusieQQQ Grand Master

SusieQQQ   11,586

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Filed: Citizen (apr) Timeline
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20 hours ago, Alexmagno said:

This guy has some videos of her throwing his clothes away, she used to do drugs, that the reason he can't stand with her.. and told me some lawyers told him he can send USCIS to stop the process and divorce and later try to find another couple that could help him

(If my spouse was throwing my clothes away I’m not sure my response would be to stand by and video it, especially if I was likely to be the physically stronger party, but anyway....)

 

yeah, those are great reasons for divorce. As has been said already, the only reason for hopping into another marriage so fast seems to be a green card. If a bunch of people on here see it that way, you can bet those suspicious guys at uscis are gonna see it that way too...

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MeAlone Rising Star

MeAlone   161

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21 hours ago, Alexmagno said:

This guy has some videos of her throwing his clothes away, she used to do drugs, that the reason he can't stand with her.. and told me some lawyers told him he can send USCIS to stop the process and divorce and later try to find another couple that could help him

Why didn't he call the police on her and he didn't make the police check if she was using drugs? Lawyer and him saying ... did he ask if it is legal to film somebody without their consent? Why she was throwing his clothes away? Did he cheat on her, or was violent with her? If there is only him saying and filming without consent, I doubt he has any case against her

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MeAlone Rising Star

MeAlone   161

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and answering to OP question, yes, he can divorce and marry and divorce again and marry again, nobody prohibit it but the immigration law is giving you the chance to adjust your status only with the K1 Petitioner therefore if you didn't get any green card yet, you can divorce and travel back to your country or to stay illegal which is not recommended at all. Any other US citizen can't help you to do AOS here. Marry the new USC and go back to your country to start your spouse visa

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