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

[Nitas_man 3,100]

1 hour ago, CodieM said:

One said I’ll have to return home, no ifs buts maybes. 

 

The other one was the one that told me that once the divorce goes through I can petition with my new partner from here and not have to return home so long as my husband doesn’t withdraw my application as I will still Be “in status”. This was a sit down for a good hour and paid for. Very reputable attorney as well with over 130 reviews of 4.5 stars and specializes in the K1 visa. 

 

1 hour ago, Ontarkie said:

Sadly the second attorney is not completely right either. If your soon to be ex didn't withdraw his support, your AOS is still based on him.

That would mean you would also have to ROC and prove your marriage to him was in good faith.

As long as you no not leave the US you will never be able to be petitioned by your new partner. 

 

Please listen to the first attorney and everyone on here. We are not trying to make life harder on you, but we are trying to make sure you don't go through years of this process just to be denied. 

This is good advice.  Absent an issued green card through your original K1 petitioner you will have no recourse to legally stay.

[Going through 5,671]

2 hours ago, CodieM said:

I would not have a problem in proving the marriage marriage and relationship was legitimate as we have been together for 4.5 years and have leases together, insurance, photos, traveling etc etc

Any proof regarding a relationship before marriage is relevant to getting the K-1 visa.

 

For the AOS,  USCIS is going to want proof of a bonafide marriage from the date of your marriage in April 2017.  They will not take into consideration your prior travels, bills, leases, etc. if those things happened BEFORE you were legally married.

 

You will be hard-pressed to prove you entered the marriage for bonafide reasons if you got married in April, and (as you say) are already going through divorce proceedings not even 6 months after, plus have already met someone new whom you wish to adjust status from.

 

It is also a possibility that your husband has plans to withdraw his affidavit of support/has already withdrawn it, and you are not aware of this yet.

Edited October 12, 2017 by Going through

[David & Diana R 1,005]

7 hours ago, CodieM said:

I’ve got 4 different attorney opinions now and the latest one was “I’ve fulfilled my duty of being a good strong K1 candidate and now my EAD and GC is on me and not tied to my partner”. I just can’t believe the different responses I’m getting with attorneys. 

 

Im not here to be fraudulent. I couldn’t care less about any of that. I was simply here to ask the questions so thank you for those that answered minus the rude, judgmental ppl that have no idea about my life and always have to get involved. Keyboard warriors are oh so tough. 

If you don't want people to get involved you shouldn't ask for assistance.  The "keyboard warriors" of which you speak have been through our own journeys and are here trying to help you.

[CodieM 2]

On 10/12/2017 at 11:21 AM, Going through said:

Any proof regarding a relationship before marriage is relevant to getting the K-1 visa.

 

For the AOS,  USCIS is going to want proof of a bonafide marriage from the date of your marriage in April 2017.  They will not take into consideration your prior travels, bills, leases, etc. if those things happened BEFORE you were legally married.

 

You will be hard-pressed to prove you entered the marriage for bonafide reasons if you got married in April, and (as you say) are already going through divorce proceedings not even 6 months after, plus have already met someone new whom you wish to adjust status from.

 

It is also a possibility that your husband has plans to withdraw his affidavit of support/has already withdrawn it, and you are not aware of this yet.

FOr all those interested. The matter is Sesay court case will allow me to go through with my green card without my current petitioner. 

[Lemonslice 4,859]

2 hours ago, CodieM said:

FOr all those interested. The matter is Sesay court case will allow me to go through with my green card without my current petitioner. 

Please keep us updated when your green card is in your mailbox, or by interview time. Interesting experience to report and help others.

Edited November 8, 2017 by Lemonslice

[Limey 551]

2 hours ago, CodieM said:

FOr all those interested. The matter is Sesay court case will allow me to go through with my green card without my current petitioner. 

You'd originally said that you'd apply for green card on the basis of a new marriage.

 

If you read the Matter of Sesay judgement (https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3707.pdf) it makes clear that someone who enters on a K1 can only adjust status based on marriage to the original K1 petitioner. The judgement says however that the beneficiary can still adjust status even if the marriage has ended, so long as they can show the original marriage was entered into genuinely and in good faith.
 

A. Fiancé(e) Adjustment Based on a Second Marriage

The respondent now concedes that he cannot adjust status based on the

I-130 visa petition filed by his second wife. We agree, because the language

of section 245(d) of the Act clearly precludes fiancé(e)s from adjusting status

on any basis other than marriage to the fiancé(e) petitioner.

See Markovski

v. Gonzales

, 486 F.3d 108, 110 (4th Cir. 2007) (stating that the language of

section 245(d) of the Act is clear insofar as it bars K-1 visa holders from

adjusting status on any basis other than marriage to the fiancé(e) petitioner);

see also Kalal v. Gonzales

, 402 F.3d 948, 951 (9th Cir. 2005) (same).

 

So the only basis you have (as others already advised here) is the basis of marriage to your original k1 petitioner.

 

In Sesay's case, the couple had a child (pretty good proof of a genuine marriage). You'll need to show similar evidence that the marriage was genuine (perhaps intermingling of finances, etc).

[Going through 5,671]

3 hours ago, CodieM said:

FOr all those interested. The matter is Sesay court case will allow me to go through with my green card without my current petitioner. 

Do let us know how that turns out. 

[CodieM 2]

On 10/12/2017 at 11:21 AM, Going through said:

Any proof regarding a relationship before marriage is relevant to getting the K-1 visa.

 

For the AOS,  USCIS is going to want proof of a bonafide marriage from the date of your marriage in April 2017.  They will not take into consideration your prior travels, bills, leases, etc. if those things happened BEFORE you were legally married.

 

You will be hard-pressed to prove you entered the marriage for bonafide reasons if you got married in April, and (as you say) are already going through divorce proceedings not even 6 months after, plus have already met someone new whom you wish to adjust status from.

 

It is also a possibility that your husband has plans to withdraw his affidavit of support/has already withdrawn it, and you are not aware of this yet.

FOr all those interested. The matter is Sesay court case will allow me to go through with my green card without my current petitioner. 

 

 

 

Yes thats correct. Having got the divorce paperwork also proves the marriage was a legit as well my attorney was saying. Plus joint finances, postcards and invitations from family members back home at the new address here in the US, two dogs we transported here, photos together etc. we have a pretty strong case and glad to say I will hold off on any new marriage. 

[Boiler 45,571]

Seems odd that the spouse would be prepared to continue to be the Sponsor, first thing most people would do is pull it.

 

Going to looks suspicious as hell, should be an interesting ride.

 

Lawyers earn the big bucks on the challenging cases.

[Going through 5,671]

@CodieM do you know whether your ex-husband withdrew the support affidavit or not?

[NikLR 13,227]

Matter of sesay - thr petitioner did not pull the affidavit of support. 

 

If that applies to you then yes, yay for you; if not, then no, you have no route available, very sorry. 

[Eric-Pris 1,606]

If the husband hasn't pulled the AOS, it may not be on purpose.  Perhaps he wrongly assumes that a divorce would cancel it, doesn't know that he can cancel it, or he simply doesn't care or want to even think about the OP (or anything related to her) as this was clearly a sham marriage with the real bf ready and waiting.  Unfortunately, they didn't do their homework and messed it up.

 

Edited November 17, 2017 by Eric-Pris

[BastillaShan 30]

On 11/9/2017 at 4:29 AM, CodieM said:

Having got the divorce paperwork also proves the marriage was a legit as well my attorney was saying. 

 

Wait... what???   You may want to find another attorney, because that's not true at all...

[Suss&Camm 2,213]

14 hours ago, jclink said:

 

Wait... what???   You may want to find another attorney, because that's not true at all...

As opposed to being annulled, it means that the marriage was legally recognized and presumably consummated. I believe that's what they're getting at.

[Going through 5,671]

Curious if @CodieM has any update?