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

[Cyberfx1024 7,980]

1 minute ago, Kastrs said:

No, I never did nor will I ever advise lying

It is not a lie to still provide the AoS even if undergoing divorce nor already divorced

Please check matter of sesay, which has also been previously mentioned in this thread

But don't you think that they would be asked if they are still happily married or if they are in divorce proceedings if they are given an interview? If they lie during the interview it is misrepresentation. 

[Kastrs 723]

6 minutes ago, CatherineA said:

 

 

No no no! If they are in the process of getting divorced and they go to the AOS interview together pretending to be a happy couple, that is BIG time trouble right there. Like misrepresentation kind of trouble. They're getting divorced before AOS is complete. There simply isn't a path to stay unless that relationship is (legitimately) salvaged. 

 

 

 

Are 100% of K1s being interviewed now? We didn't, and we went through after San Bernardo (but before Trump... barely). 

OMG

people see matter of sesay

once again I NEVER advocated for lying, nor will I

what I said was if the petitioner does not pull the AoS there is a chance

also the petitioner can definitely still attend the interview, what they need to do of course is be honest regarding their relationship status, and in my very first post I also made it clear that as soon as the divorce is finalized the OP will need to apply to remove conditions on the GC

[Unlockable 7,314]

So the OP married a man but wants to divorce and have a new marriage with a female without losing immigration benefits?

 

 

Strikingly resemblance to this thread a few months ago...

 

 

Edited October 11, 2017 by NuestraUnion

[Kastrs 723]

4 minutes ago, cyberfx1024 said:

But don't you think that they would be asked if they are still happily married or if they are in divorce proceedings if they are given an interview? If they lie during the interview it is misrepresentation. 

Yes I do think they would be asked if called for an interview and of course they should be truthful about their relationship

but still please see matter of sesay

once again I NEVER advocated or said to lie

[Suss&Camm 2,213]

8 minutes ago, CatherineA said:

 

Are 100% of K1s being interviewed now? We didn't, and we went through after San Bernardo (but before Trump... barely). 

No - this is incorrect. Nothing has changed regarding K1 and interviews.

[Cyberfx1024 7,980]

2 minutes ago, Kastrs said:

Yes I do think they would be asked if called for an interview and of course they should be truthful about their relationship

but still please see matter of sesay

once again I NEVER advocated or said to lie

But if they are open and truthful about the relationship she won't be approved at all and you know that. The best course of action is for her to GO HOME. 

[Suss&Camm 2,213]

If the marriage was entered into in good faith and the petitioner agrees to stand by the i864, there is a chance of getting approved for AOS even though they are not moving forward with their marriage  (matter of Sesay) that is what is being said.

Edited October 11, 2017 by Suss&Camm

[Cyberfx1024 7,980]

Just now, Suss&Camm said:

If the marriage was entered into un good faith and the petitioner agrees to stand by the i864, there is a chance of getting approved for AOS even though they are not moving forward with their marriage  (matter of Sesay) that is what is being said.

But then it could easily be established that marriage was not in good faith at all. The ink isn't even dry on the AOS documents and she is out with her "new girlfriend" so it does not look in good faith at all. At best it's an uphill battle for the OP.

[Suss&Camm 2,213]

Also I want to add that bisexuality is a thing. Not saying whether that's credible here or not - just the whole "turn gay" makes me smh at ignorance.

[Cyberfx1024 7,980]

Just now, Suss&Camm said:

Also I want to add that bisexuality is a thing. Not saying whether that's credible here or not - just the whole "turn gay" makes me smh at ignorance.

I know it's a thing and I never said it wasn't.

[Suss&Camm 2,213]

1 minute ago, cyberfx1024 said:

But then it could easily be established that marriage was not in good faith at all. The ink isn't even dry on the AOS documents and she is out with her "new girlfriend" so it does not look in good faith at all. At best it's an uphill battle for the OP.

If she can prove he cheated on her - then it would be good faith on her part.

[Unlockable 7,314]

4 minutes ago, cyberfx1024 said:

But then it could easily be established that marriage was not in good faith at all. The ink isn't even dry on the AOS documents and she is out with her "new girlfriend" so it does not look in good faith at all. At best it's an uphill battle for the OP.

I concur.

 

From my understanding, Matter of Sesay does allow the petitioner to stand by the affidavit of support even if  the couple is no longer moving forward. They will, however, need to prove the marriage was bonafide.

 

6 minutes ago, Suss&Camm said:

If the marriage was entered into in good faith and the petitioner agrees to stand by the i864, there is a chance of getting approved for AOS even though they are not moving forward with their marriage  (matter of Sesay) that is what is being said.

I understand what you are saying also. If the petitioner wanted to use the interview to put the beneficiary on blast, so to speak, it can be done. If the petitioner feels the marriage wasn't bonafide it would be brought up at the interview.

Edited October 11, 2017 by NuestraUnion

[JFH 12,190]

Matter of Sesay has been quoted several times here. Whilst this could apply, there is the huge task of proving that the marriage was entered into in good faith when in such a short space of time the beneficiary has found a new love and changed sexual orientation. I could see there being a stronger case if there was no new partner on the scene and the beneficiary was alone. Can you picture the interview? If the USC says "well, in all honesty we are not together anymore and she is now planning to marry her girlfriend less than 6 months after marrying me". 

[Suss&Camm 2,213]

It is a long-shot...but the chance exists with a good lawyer dependingon the circumstances too of course.

[geowrian 22,337]

3 hours 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

True, but most people would not want to be on the hook financially for an indeterminate amount of time by choice. And if the divorce is discovered during the interview (no misrepresentations!), it's not going to be a fun night. As noted before, you can proceed even with a divorce under Matter of Sesay, but they're certainly not going to make it easy. Possible? Yes. Likely? No....this is probably outside of the DIY realm. Especially with a new partner so soon.