Divorce with current k1 sponsor before AOS, found new love - questions!

[CodieM 2]

Hi

 

So I came here to the US on a k1 visa in April and we got married at the end of April, applied for adjustment of status and EAD in may (still haven’t recieved either) and now going through the divorce process as things did not work out. During this time I have met someone else in the US. From my understanding is the following (correct me if I am wrong)

 

1. I can remain in the US so long as my previous sponsor does not withdraw my petition until after the divorce is finialised. 

2. Once the divorce is finalized I can submit a new petition with my new girlfriend for my k1 visa while remaining here so long as I am “still in status” meaning my previous petition hasn’t been withdraw.  

3. Once this goes through, do I then marry my new partner or do we marry right after the divorce and before the new petition is filed?

 

Thanks in advance. Any info would really help as I do not want to leave the country for any period of time.  

[Dutchster 1,107]

You can only adjust status through marriage with the original K-1 petitioner. There is no path to a green card for you if you’re not together before the AOS is approved

 

What you are planning is immigration fraud. 

[CodieM 2]

Interesting as I spoke to an attorney and I swear this is what they said. I may have got it wrong though that is why I asked. It’s all very overwhelming. 

Edited October 10, 2017 by CodieM

[Roel 7,192]

Best thing to do. Divorce. Go back to your country. Have your new love apply for k1 visa. 

 

There is absolutely nothing you can do to obtain a legal status from within the US. K1 beneficiaries only get green cards through their petitioners. 

 

On a personal note: that was fast. Came here in April, divorce and already met someone new you are willing to marry. 

 

Either way. Time to pack your bags. 

Edited October 10, 2017 by Roel

[Unlockable 7,314]

Look inside your passport where the visa is located. You will see your husbands name on it. That means you can only adjust your status through him. If your husband withdraws the affidavit for support of your AOS then you will not have a path to be a permanent resident. There is no new petition unless you divorce and go back home.

 

While technically you can complete the AOS, divorce, and marry the new love it will be under false pretenses that your relationship with the original petitioner is still active. So @Dutchster is correct, it is immigration fraud. Just going by the quick turn around time of events it will not be hard for this to stick out to anyone investigation your case.

[Mr Geminian 691]

You wait for months for a K-1 visa process and you come here and get married and divorce in within a few months and already found a new love? Have you tried marriage counselling and all ?

Anyways I don't want to get personal but it won't work the way you are planning things. You will have to adjust with the first K-1 petitioner. It is definitely termed as a immigration fraud. 

[Limey 551]

20 minutes ago, CodieM said:

Interesting as I spoke to an attorney and I swear this is what they said. I may have got it wrong though that is why I asked. It’s all very overwhelming. 

So you spoke with an attorney to get good solid legal advice from a professional and then having received that advice you showed up here to ask some non-attorneys?

 

When taken together with the story told in the original post, I'm smelling a troll.

Edited October 10, 2017 by Limey

[CodieM 2]

LOL so many judgemental ppl. I came on here asking the question because I was unsure if what I heard was correct on the phone so wanted to clear it up. Definitely happy to do things the right way. And thanks for the input. 

[CodieM 2]

I also wanted to know if what I was told on the phone was “correct” or if the attorney had no idea. 

[Limey 551]

2 minutes ago, CodieM said:

I also wanted to know if what I was told on the phone was “correct” or if the attorney had no idea. 

Who was the attorney? Are you going to report him/her to their state bar?

 

The advice you claim you were given wasn't even close. If you were able to stay in the country you'd not need a k1 (since its a visa, it enables entry to the country). The other points similarly bore no relation to the actual law.

 

And you mentioned applying for AOS/EAD in May and you said you still don't have that. Considering EAD is supposed to be issued within 90 days, I'd have thought you'd be asking about that.

https://my.uscis.gov/helpcenter/article/when-i-file-form-i-765-how-long-will-it-take-to-receive-a-decision

 

So all in all you painted a rather unbelievable story.

[CodieM 2]

I raised a service request for my EAD and they’re currently processing those who applied in April 2017 so I should be hearing soon. EAD is taking a lot longer than 90 days now. 

 

I will not report them but I’m going to ring back and confirm what I was told and see what they say because I am all for following the law etc. 

[Kastrs 723]

I believe as long as your original petitioner does not pull the AoS then you can still adjust status; however, you will need to file your RoC with a divorce waiver as soon as the divorce is finalized and with that you will need to present evidence of bonifide marriage

[NYCruiser 423]

People are not judgemental on here. Just honest. Something maybe you do not want to hear? How on earth with everything you have to adjust to, culture, new life, new friends, potential NEW job, family etc..you 'managed' to 'find'  someone else in this short period of time? Not to mention learning the phone system etc??? 

Divorce, go back to your country and ask your 'new' love to apply for a K1 for you. Be aware you will be scrutinized heavily by the consulate and USCIS because of the small amount of time you have spent with your 'new love'....Good luck

PS You also don't mention about your country of origin?

47 minutes ago, Kastrs said:

I believe as long as your original petitioner does not pull the AoS then you can still adjust status; however, you will need to file your RoC with a divorce waiver as soon as the divorce is finalized and with that you will need to present evidence of bonifide marriage

I am wondering what would be bona-fide marriage if he or she came here, then immediately divorced, AND met someone else in the meantime?

[Younes-Maria 20]

5 hours ago, NuestraUnion said:

Look inside your passport where the visa is located. You will see your husbands name on it. That means you can only adjust your status through him. If your husband withdraws the affidavit for support of your AOS then you will not have a path to be a permanent resident. There is no new petition unless you divorce and go back home.

 

While technically you can complete the AOS, divorce, and marry the new love it will be under false pretenses that your relationship with the original petitioner is still active. So @Dutchster is correct, it is immigration fraud. Just going by the quick turn around time of events it will not be hard for this to stick out to anyone investigation your case.

Out of curiosity , My k1 Visa does not list my Wife's name!! 

[CodieM 2]

9 minutes ago, NYCruiser said:

People are not judgemental on here. Just honest. Something maybe you do not want to hear? How on earth with everything you have to adjust to, culture, new life, new friends, potential NEW job, family etc..you 'managed' to 'find'  someone else in this short period of time? Not to mention learning the phone system etc??? 

Divorce, go back to your country and ask your 'new' love to apply for a K1 for you. Be aware you will be scrutinized heavily by the consulate and USCIS because of the small amount of time you have spent with your 'new love'....Good luck

PS You also don't mention about your country of origin?

I am wondering what would be bona-fide marriage if he or she came here, then immediately divorced, AND met someone else in the meantime?

You can’t help who you fall in love with and when especially when your husband was cheating. So please don’t go and assume you know and voice your unwanted opinions. I was simply asking if what I heard was correct.