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

[Going through 5,671]

9 hours ago, CodieM said:

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

Whether the visa lists it or not----you don't think USCIS will keep a record of who the original petitioner and beneficiary was on the application?

 

Your best legal path would be to continue on with your divorce proceedings, and then return to your country and either have your new girlfriend apply for a  K-1 fiancee visa (if you get engaged) or the CR-1 (if you get married).  

 

 

 

 

[kris&me 572]

you don't think a computer has your name, visa number and passport number linked to your K1 sponsor?

really not judging but as said many times you have no recourse to divorce and marry and AOS with new spouse

it is time to return to your home country and try new K1

you will need copy of these US divorce papers

 

[JFH 12,190]

OP, I'm guessing you're originally from a country where same-sex partnerships are not widely accepted. I have seen this a few times here before - marry someone of the opposite sex, quickly divorce on the basis of "cheating" and begin a relationship with the same-sex partner once safely in the USA where the relationship is accepted.

 

Be prepared for a lot of scrutiny. If I've seen a few cases in my time on this forum alone, how many do you think USCIS have seen? They know every trick in the book. It's hard to believe that someone could meet and get to the stage of wanting to marry someone in less than 6 months (especially after the pain of infidelity and a broken marriage) but even harder to believe someone changed sexual orientation in that short timeframe too. Normally after a spouse cheats it takes a very long time for the other partner to be able to trust again. Let alone want to marry. 

Edited October 11, 2017 by JFH

[AshMarty 360]

11 hours ago, caliliving said:

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.  

Technically don't you get a temporary GC for the first year?  I am not completely sure but I was under the expression the first GC is temporary for a year, to ensure your marriage is a real relationship. After than you get the long term GC.  

[Roel 7,192]

5 minutes ago, AshMarty said:

Technically don't you get a temporary GC for the first year?  I am not completely sure but I was under the expression the first GC is temporary for a year, to ensure your marriage is a real relationship. After than you get the long term GC.  

No.

After AoS is completed and interview was successful, K1 visa holder receives a 2 year conditional green card.

Once they file AoS, they don't have any temporary green cards - when it takes a year to complete AoS, their status is just... "During AoS". No green cards until after the interview.

[Redheadguy03 505]

You have to AOS with the original petitioner. That's why their name is on your visa. No clue how you fell in love with a new person already, but either way you need to go home. Because you are no longer with the original petitioner. 

[AshMarty 360]

59 minutes ago, Roel said:

No.

After AoS is completed and interview was successful, K1 visa holder receives a 2 year conditional green card.

Once they file AoS, they don't have any temporary green cards - when it takes a year to complete AoS, their status is just... "During AoS". No green cards until after the interview.

Thanks! My husband and I are in the AOS awaiting EAD/AP and GC and honestly I feel like I can only master one step at a time with this process.

[Kastrs 723]

9 hours ago, Hopeful diva said:

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. 

Just because they are divorced/in the process of getting a divorce does not mean the petitioner would not attend the interview, so IF the petitioner does not pull the AoS and attended the interview if there is one, then the OP could be approved for a GC and not have to leave the country

[Jeanne Adil 1,651]

As u can see u riled up a lot of people

we are all saying what the interviewer for either an AOS or new K1 would see and ask

personally if i was the interviewer I would be looking at your emails and phone logs to see when u started talking to the new love

not only do u give permission for this to be done when applying for a US visa of your kind but a good hacker can get in

one man was asked to hand over his phone during interview and after it was checked visa denied

now, i believe cell phones are not allowed in embassies but knowing the number a good hacker doesn't need the phone or computer to find out info

 

[BuiQuang 95]

12 hours ago, 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. 

what u heard is inccorect

 

12 hours ago, CodieM said:

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

haha again ppl who come here help, get good answers, and laugh at VJ members who help. haha we are not the one with the problem.

 

k-1 + San Bernadino k1 Muslim shooter + Trump = every k1 is getting interviewed.  this is why there is slowdown.  trump's increase scrutiny.

 

u will not pass k1 interview without ur husband.  no real marriage = no green card.  that simple.

[pmeyer1229 331]

I think you got the best advice here...Pack your bags, go home to your country of origin, and start over with your new "love." Makes me sad as so many of us are working so hard to get our K1 visa and the wait is about 6 months or more now.

[Jeanne Adil 1,651]

6 minutes ago, pmeyer1229 said:

I think you got the best advice here...Pack your bags, go home to your country of origin, and start over with your new "love." Makes me sad as so many of us are working so hard to get our K1 visa and the wait is about 6 months or more now.

Makes me more than just sad as we worked (together) for 6 years to get his visa

you make it hard on all those of us doing things the legal and proper way

and we do not wish u bad things 

just wishing u understood the difficulties some of have and u seem to think it is funny

[MacUK 983]

1 hour ago, Kastrs said:

Just because they are divorced/in the process of getting a divorce does not mean the petitioner would not attend the interview, so IF the petitioner does not pull the AoS and attended the interview if there is one, then the OP could be approved for a GC and not have to leave the country

What? You want the petitioner to go to the interview and lie? To tell the interviewer that they're still happily married?

Are you trying to get people into serious trouble?

[JFH 12,190]

5 minutes ago, MacUK said:

What? You want the petitioner to go to the interview and lie? To tell the interviewer that they're still happily married?

Are you trying to get people into serious trouble?

I'm glad someone picked up on that. I can see the AoS not being pulled - the original petitioner may not know how or even feel that he should waste his time. But the interview is something else. 

[Cyberfx1024 7,980]

3 hours ago, JFH said:

OP, I'm guessing you're originally from a country where same-sex partnerships are not widely accepted. I have seen this a few times here before - marry someone of the opposite sex, quickly divorce on the basis of "cheating" and begin a relationship with the same-sex partner once safely in the USA where the relationship is accepted.

 

Be prepared for a lot of scrutiny. If I've seen a few cases in my time on this forum alone, how many do you think USCIS have seen? They know every trick in the book. It's hard to believe that someone could meet and get to the stage of wanting to marry someone in less than 6 months (especially after the pain of infidelity and a broken marriage) but even harder to believe someone changed sexual orientation in that short timeframe too. Normally after a spouse cheats it takes a very long time for the other partner to be able to trust again. Let alone want to marry. 

Where did I miss that the OP is NOW in a same sex relationship???? If that is the case then OMG they will get scrutiny no matter what if not more so now. If the OP came here on a man-woman relationship, then "all of a sudden" breaks up with the petitioner and starts up in a same sex relationship it brings up red flags all over the place.