Divorce before AOS

[Aleia 0]

Question: Is there going to be a problem in obtaining a green card if I divorce?
I came into the U.S. through a K1 visa. I've been married for 4 years and have 2 kids with my U.S. citizen soon-to-be ex-husband. I haven't started the adjustment of status but will start the process after the divorce. 

[Lemonslice 4,859]

18 minutes ago, Aleia said:

Question: Is there going to be a problem in obtaining a green card if I divorce?
I came into the U.S. through a K1 visa. I've been married for 4 years and have 2 kids with my U.S. citizen soon-to-be ex-husband. I haven't started the adjustment of status but will start the process after the divorce. 

Yes it can be a major problem (or impossible) to get a green card after you divorce.

 

Why haven't you started the process yet?

[Aleia 0]

1 minute ago, Lemonslice said:

Yes it can be a major problem (or impossible) to get a green card after you divorce.

 

Why haven't you started the process yet?

My husband has a problem with his tax, then his job wasn’t that good and we got pregnant so quick. He started to mess with drugs for about 2 years now and I’ve had enough. We fight all the time. He had plans to fix his tax this year and get a settlement or plan from IRS. But with the fights we have I think I can’t wait any longer and rely on him

[Illiria 980]

Yes, as you have come on a fiancé visa you can only adjust status through him. There have been cases where once an adjustment of status is started if they divorce but the affidavit of support is not pulled it can still be granted but not seen any that had not started the process. 

Edited February 11, 2018 by Illiria

[Boiler 45,575]

How are you intending to adjust?

[Aleia 0]

Can’t I self petition after divorce? Will the USCIS think that it’s a fraud even if we have 2 kids together and been married for 4 years?

Edited February 11, 2018 by Aleia

[Boiler 45,575]

4 minutes ago, Aleia said:

Can’t I self petition after divorce? Will the USCIS think that it’s a fraud even if we have 2 kids together and been married for 4 years?

Not possible

[aleful 1,905]

nope, you can't adjust without your husband,

 

you would be illegally staying or you will have to return to you country. even if you divorced and remarried a USC, since you came through the k1, you can't adjust status with another husband, only the person who brought you to the US

 

 

 

[Aleia 0]

What will happen to me and kids after divorce? Does it mean that they can deport me and send me back to my country? Since my kids are US citizen because they were born here as well as by blood through their dad. If ever they will deport me, won’t I be able to bring my kids then?

[Boiler 45,575]

3 minutes ago, Aleia said:

What will happen to me and kids after divorce? Does it mean that they can deport me and send me back to my country? Since my kids are US citizen because they were born here as well as by blood through their dad. If ever they will deport me, won’t I be able to bring my kids then?

Whether you can take the children really depends on whether your husband agrees, most unlikely a court would allow it if he does not.

 

Anyway a question for your Divorce Lawyer.

[geowrian 22,337]

Exactly as stated above.

 

1) By failing to file for AOS within 90 days of entry, you have been (and still are) out of status and subject to deportation. You're likely not a priority for any such action, but it is a possibility.

2) You can only adjust status through the K-1 petitioner. Anything else would require leaving the US first (and a waiver for the 10 year bar due to overstay).

3) Technically, if the husband wants to proceed with the process even after divorce, this is possible under Matter of Sesay. But he has to be willing to support you via the I-864...typically this is not a responsibility an ex would do for you (assuming he even qualifies given the history noted). This is also a very uphill battle even if he is willing to provide an I-864 still.

4) If you leave the US, the USC children can remain in the US. Or, with permission, they may be able to travel with you.

5) Once the children turn 21, they may petition you for a green card.

[Russ&Caro 1,549]

The environment for immigration here in the USA is changing, and not in a direction that favors would be immigrants. The further you stray from the normal path of spousal immigration, the more difficult it will be.

 

Question: how is your family being supported? I assume your husband works since he has tax problems. How will you be supported after the divorce? Since you didn't go through AOS, you don't have work authorization.

[Boiler 45,575]

4 minutes ago, Russ&Caro said:

The environment for immigration here in the USA is changing, and not in a direction that favors would be immigrants. The further you stray from the normal path of spousal immigration, the more difficult it will be.

 

Question: how is your family being supported? I assume your husband works since he has tax problems. How will you be supported after the divorce? Since you didn't go through AOS, you don't have work authorization.

Huh?

[Russ&Caro 1,549]

5 minutes ago, Boiler said:

Huh?

Immigration is getting more difficult. Longer pendency times for all applications. Exclusions for immigrating from certain countries. Political discussions are ongoing to remove some family visa applications. For example, if she waits until her children are 21 that option might be closed off by the time they get to that age. Deportations are being maintained at a high level. It's not a great climate for immigration in general. Attempting to stay after an immediate divorce carries a lot of risk.

[Boiler 45,575]

She has I presume been here for 4 years and out of status under Obama, nothing has changed.

 

How many Presidents will there be before her children hit 21?

 

I doubt ICE are camped out on her door step.