Divorce before AOS

[Aleia 0]

11 minutes ago, geowrian said:

You need to marry within 90 days to file for AOS under the K-1 basis for doing so. You are permitted to file for AOS after the 90 days, although you are out of status and deportable until doing so.

Those are some consequences, but not all. As stated, once you are out of status you are unlawfully present in the US and therefore are eligible for removal (deportation). You also accrue unlawful presence for the purposes of obtaining a 3 or 10 year bar on any other visa once you exit the US.

 

As stated, you would not be a priority for ICE, just like any other person overstaying their visa. They prioritize immigration offenders with more serious issues such as criminal activity, but not being a priority is also not an immunity...a random checkpoint or stop could also do it.

If caught, an immigration judge would likely stay any removal pending filing for AOS. But it sounds like that ship has sailed since you need your current husband (the K-1 petitioner) to complete AOS. Without a way to stay legally, I would assume they would treat you the same way as anybody else unalawfully present in the country and put before an immigration judge.

 

Thank you for the information. I really appreciate for explaining it to me and for you to take time to answer my concerns. God bless