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

[CodieM 2]

5 minutes ago, Younes-Maria said:

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

Yeah it doesn’t list it haha again ppl think they know what theyr talking about 

[NYCruiser 423]

Just now, CodieM said:

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. 

You came on this site and asked for opinions.

No the attorney was incorrect

Just now, CodieM said:

Yeah it doesn’t list it haha again ppl think they know what theyr talking about 

USCIS has the record of who applied for the K1 for you, irrespective

 

[caliliving 606]

You can only AOS from our original husband.. but yes, technically if you get your GC in the mail (as we know, many K1s dont get an interview) then really, what can she do? she has her greencard!  BUT just know that when you divorce and do an ROC you will have a hard time proving you were in a bonafide relationship. 

This is why i think ALL K1s should have an interview:/ its funny how quickly plans change. 

Also, perhaps your wife pulled it already.  If you applied in May, 5 months you should have heard SOMETHING by now. but yes, you are best and safest to go home as you are not out of status and apply for a new K1.  

Edited October 11, 2017 by caliliving

[jakelake 222]

5 hours 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. 

Why not call that attorney for clarification? Or ask 1 or 2 more attorneys for their input just to see if you get the same responses.

Also, you have to speak with an experienced immigration lawyer, not just any lawyer. For example, a lawyer who specializes in real estate would not know that much about immigration matters.

[Dianalorena 1,153]

The reason why you can't AOS with someone other than the original K1 filer is to prevent fraud: People just wanting the benefits, and marrying for them.

You are already divorcing, found someone new and you are thinking of getting married again, in the span of months. How do you think it will look like?

Not to us, I am not judging you. Relationships start and end all the time just like you said, life happens. and I'm sorry you got cheated on.

But, it will look suspicious to immigration. This is all some of us are trying to say, to help. 

 

If you receive your green card: Getting a divorce,  go through ROC in two years with your divorce papers, and hope for the best. Gather all the evidence that

the relationship was entered in good faith/ was bona fide. 

If you don't receive your green card: Get a divorce, go back to your country. Trying for a new K1 is a possibility, but it might get denied based on your previous K1. 

Your best bet, in my opinion, would be to wait a year or two, get married and file for a CR1. They might still question you about the previous K1, of course.

If it gets denied you can appeal a CR1, but not a K1. Gather as much evidence as possible and see if your new relationship has the future you want. 

 

 

 

 

 

[Mr Geminian 691]

33 minutes ago, Younes-Maria said:

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

It's differs from country to country. From what I've read its the follows and there might be more formats

1. Under "Annotation" it will say " Fiancee of XXXXXXX"

2. Under "Annotation" it will say " Petitioner & Petitioner Number: WAC......"

3. Under "Annotation" it will say "PET. APPR. DATE(DDMMYY)

                                                          " A# XXXXXXXXXXX"

                                                          "MEDICAL ATTACHED"

                                                          "REQUIRES ATT. POE"

 

My K-1 has option number 2 so my wife's name was displayed.

 

[Mr Geminian 691]

5 hours ago, CodieM said:

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. 

Nobody is judgemental here. Everybody on VJ comes for posting questions, seeking answers, helping others and sometimes the answers you get here will save your application. Just incase if you haven't posted your query here and blindly followed your attorney would've landed you in trouble. We were trying to caution you though that what you are doing is directly immigration fraud and you might not be aware of it !!!

[Ontarkie 14,234]

Yes the lawyer is wrong. it's not the first time and won't be the last time a lawyer gave out incorrect advice.

So your husband cheated and now you have a girlfriend. Expect a lot of scrutiny when you go through this process again. 

[Ontarkie 14,234]

~~Moved to Effects of Major Family Changes, from K1 P&P- As similar threads are often discussed  here.~~

[Suss&Camm 2,213]

45 minutes ago, caliliving said:

This is why i think ALL K1s should have an interview:/ its funny how quickly plans change. 

Also, perhaps your wife pulled it already.  If you applied in May, 5 months you should have heard SOMETHING by now. but yes, you are best and safest to go home as you are not out of status and apply for a new K1.  

K1's have just had an interview overseas. Of the same type spouses do. On top of that there is the requirement that you can only AOS from the petitioner. I don't see any reason to impose all out interviews for K1's at that stage as it would just slow USCIS even more. At that stage the couple is married and there is no difference to a USC having gone abroad married and went through a spousal visa imo. Things can change very quickly also then. Maybe they should impose a 2 year interview for spouses as well.

[geowrian 22,337]

Going back to the original questions...

1. You cannot AOS through anybody else. This is a limit on the K-1 visa process. Either the lawyer or your understanding of them is severely incorrect.
2. Any competent divorce attorney will suggest pulling the I-864 for your current AOS. If the petitioner does so, then your AOS options are gone and you will be unlawfully present in the US.
3. If there is an interview for AOS, then showing up without the petitioner will very likely result in a denial. If the petitioner does agree to continue with the I-864 despite the divorce, you would need to prove that the marriage was entered into in good faith (see Matter of Sesay)...and expect a very uphill battle.
4. If AOS is approved, you likely need to go through ROC and prove the marriage was entered into in good faith. The timeline will be a red flag so expect scrutiny.
5. If you do meet another person, you can be petitioned by them for another K-1 or CR-1 visa (interviewing abroad). But expect scrutiny here as well.
   1. If you accumulate over 180 days or more of unlawful presence when you leave the US, you will incur a 3 or 10 year bar, requiring an I-601 waiver or to wait until the bar has passed. This waiver will add over 6 months to the process and cost around $1,000 to file (plus attorney fees if you recruit their services).

[Villanelle 4,122]

7 hours ago, CodieM said:

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. 
 

This is true. As long as your current AOS packet is pending (what you sent in May) you are in what they call "authorized stay".  However it will only be pending as long as it takes them to process it or the sponsor withdraws. 
 

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.  

This is also true. You can theoretically remain in the US under "authorized stay" due to having an AOS processing. But you do understand you will have an extremely hard time applying for the K visa while they process you for a greencard based on marriage to someone else. While theres no law stating you can not use your auth stay status as a legal status to remain in the US and at the same time apply for a k visa- its just plain stupid.How can you expect them to believe you when you say you are entering the relationship not for immigration benefits while dragging out an application for immigration benefits. 

 

 

 

 

7 hours ago, CodieM said:

 

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

If you do this stupid plan you would need to leave the country for the K interview- (no way you will be approved) and come back to the US to get married.

You may not want to leave the country but you have no path to stay. 

[Hopeful diva 99]

3 hours 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

He won't be able to adjust because they both have to be present if an interview is scheduled. He would only be very fortunate if it's approved without an interview and his petitioner does not pull the affidavit of support. 

[TBoneTX 45,330]

A noncontributory post has been removed.  Post constructively or don't post.

[Unlockable 7,314]

8 hours ago, Younes-Maria said:

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

 

8 hours ago, CodieM said:

Yeah it doesn’t list it haha again ppl think they know what theyr talking about 

Sure, I don't know what I am talking about. My name is clearly printed on my wife's K1 visa. It's right here with me. There is another person who we helped with a K1 who had his fiance's name on her visa.

 

Here is a sample pic of what it looks like.

 

 

Now, things may have changed on what they print on a K1 visa because there have been a few changes in the past year. Or maybe not every country prints the petitioner's name. But it definitely has happened. And the beneficiaries name is linked to the visa. No other way to adjust status.

Edited October 11, 2017 by NuestraUnion