In the event of leaving (as in, legally separating from) your USC spouse before you submit AoS paperwork?

[StoneChild 5]

12 hours ago, Zerce said:

Hello everyone

 

As the title says; what to do if you are separating from your US citizen spouse AFTER marriage but BEFORE adjusting status. 

 

We got married within the 90 day period on the K1 visa, but are now unsure whether we are staying together.  We have almost completed the AoS package but aren't sure we should spend twelve hundred dollars on paperwork that may turn out to be moot anyway. We still love each other, but the current administration caused so many delays and problems in our visa journey that our relationship has suffered as a result, in every way including financially.

 

We are still working on it however and have not lost hope entirely. 

 

Meanwhile we have a couple questions that we hope to get help from the fine folks here.

 

1) Is there any time limit for filing for AoS?  

 

2) We live in a state that requires both parties to attend a divorce hearing.  If we do separate before I adjust status, and ultimately divorce, will my lack of a residency permit or even an Advanced Parole card cause problems at the border when I need to return to attend the hearing? (I am from Canada if that makes any difference.)

 

We've both lost so much time, money, sleep, sweat, tears and effort over this process, we just want the hurting to stop now.

 

Thanks in advance for any thoughts, help or advice.

 

My dear confused friend take this advice and work it all out and be happy with the person you're with because in the event you don't go through with the filing you'll have to leave the country, well that would be the legal thing to do, so as to stay within the guidelines and not breach any agreement, which becomes and act of congress to deal with in the future. You won't be able to EVER be legal, further you've come so far, just work it out, does matter where you're from the rule is the same.

 

[Unidentified 2,930]

21 hours ago, Zerce said:

Hello everyone

 

As the title says; what to do if you are separating from your US citizen spouse AFTER marriage but BEFORE adjusting status. 

 

We got married within the 90 day period on the K1 visa, but are now unsure whether we are staying together.  We have almost completed the AoS package but aren't sure we should spend twelve hundred dollars on paperwork that may turn out to be moot anyway. We still love each other, but the current administration caused so many delays and problems in our visa journey that our relationship has suffered as a result, in every way including financially.

 

We are still working on it however and have not lost hope entirely. 

 

Meanwhile we have a couple questions that we hope to get help from the fine folks here.

 

1) Is there any time limit for filing for AoS?  

 

2) We live in a state that requires both parties to attend a divorce hearing.  If we do separate before I adjust status, and ultimately divorce, will my lack of a residency permit or even an Advanced Parole card cause problems at the border when I need to return to attend the hearing? (I am from Canada if that makes any difference.)

 

We've both lost so much time, money, sleep, sweat, tears and effort over this process, we just want the hurting to stop now.

 

Thanks in advance for any thoughts, help or advice.

 

 

The "current administration" did not kill your relationship. Most likely lack of communication or something else, but definitively not the administration. The long wait times have nothing to do with the lengthy process, it's been gradually going up for years before Trump took office. 

 

Maybe if you guys can figure out what really killed the relationship you can fix it, maybe it is too late .Think about it and see what's the best course of action. Maybe go see a couples therapist who can help you guys figure our what is really going on instead of blaming it on things not relevant to your relationship. 

[bec128 44]

21 hours ago, NuestraUnion said:

Once you entered in the US on a K1, this privelege of not needing a tourist visa is removed.

 

This is why i said earlier the process is very strict.

This is simply not true, at least for Canadians.

 

OP may face more stringent questioning at the border with the K1 in her history, but short of a (lengthy) overstay that triggers a ban or criminal inadmissibility, she is free to attempt to enter the US without a visa. The burden of proof would be on her to prove that at the time of that entry, she does not have immigrant intent (i.e., that she is not going to reunite with her husband and attempt to adjust status at that point). 

[Unlockable 7,314]

11 hours ago, Rusty72 said:

Since when?

 

17 minutes ago, bec128 said:

This is simply not true, at least for Canadians.

 

OP may face more stringent questioning at the border with the K1 in her history, but short of a (lengthy) overstay that triggers a ban or criminal inadmissibility, she is free to attempt to enter the US without a visa. The burden of proof would be on her to prove that at the time of that entry, she does not have immigrant intent (i.e., that she is not going to reunite with her husband and attempt to adjust status at that point). 

You are missing the point of the k1 that I was making. An immigant (even a Canadian) that enters the US on a K1 can't turn around and leave then reenter the US without proper authorization' either AP or Green Card. They can't use a previous visitor visa or visa privileges (VWP / ESTA) because the K1 triggers immigrant intent. That K1 is tied with steps to adjust their status to a permanent resident.

 

If the immigrant applied for AOS, then it complicates things further. Because the process is still ongoing. If the immigrant leaves before any adjustment, they can apply for a tourist visa or notify US immigration that they no longer seek to immigrate. Until then, they don't have free range to roam in and out of the US.

 

Edited July 3, 2018 by NuestraUnion

[bec128 44]

22 minutes ago, NuestraUnion said:

 

You are missing the point of the k1 that I was making. An immigant (even a Canadian) that enters the US on a K1 can't turn around and leave then reenter the US without proper authorization' either AP or Green Card. They can't use a previous visitor visa or visa privileges (VWP / ESTA) because the K1 triggers immigrant intent. That K1 is tied with steps to adjust their status to a permanent resident.

 

No, I understand your point, but it is factually incorrect.

 

There is no law or policy that says that a person who previously entered the US with immigrant status is forbidden from later entering with visitor status.

 

IF you are from a country that requires a B1/B2 visa, you will have the hurdle of proving non-immigrant intent to the consular officer. Depending on the country, this will be extremely difficult in many cases, but it is not technically impossible.

 

IF you are from a country that participates in the VWP, you would still need an ESTA, which you may or may not get. If you do get ESTA, you would still need to convince the inspecting CBP officer that you are entering this time without immigrant intent. Again, this might be difficult or impossible depending on the country and the circumstances, but again, the attempt is not disallowed by any law or policy.

 

If you're from Canada, you are not technically using the VWP, as Canadian visitors are governed by a separate US-Canada treaty. But the idea is basically the same as the previous paragraph, in that you must satisfy that CBP officer that you're not entering with immigrant intent at that time.

 

That being said, when he flips through your passport and sees a K1, he's going to have some questions for you, and might send you to secondary. But the usual advice about proving ties to home, etc., applies in that case.

Edited July 3, 2018 by bec128
posted too early

[Unlockable 7,314]

22 minutes ago, bec128 said:

 

 

There is no law or policy that says that a person who previously entered the US with immigrant status is forbidden from later entering with visitor status.

 

I never said that. The OP was under the impression that after entering with a K1, because she is Canadian and could enter the US freely, she could continue doing so like nothing changed and without doing anything like applying for tourist visa or reestablishing non immigrant intent.

 

ETA. Your second part of your post is eluding to the same points I was making. The OP was like she used to enter the US with a passport and a smile. We were simply telling her that since she entered on a K1 then that passport and a smile won't cut it until she can make some changes.

 

I have been posting on small mobile devices so apologies if I am not clear in my postings. 

 

Edited July 3, 2018 by NuestraUnion

[Ontarkie 14,236]

~~Moved to Effects of Major Family Changes, from K1 P&P - As similar threads are discussed here.~~

~~One Non conductive post removed. Stick to answer the OP.~~

[Villanelle 4,122]

7 hours ago, bec128 said:

This is simply not true, at least for Canadians.

 

OP may face more stringent questioning at the border with the K1 in her history, but short of a (lengthy) overstay that triggers a ban or criminal inadmissibility, she is free to attempt to enter the US without a visa. The burden of proof would be on her to prove that at the time of that entry, she does not have immigrant intent (i.e., that she is not going to reunite with her husband and attempt to adjust status at that point). 

"but short of a (lengthy) overstay that triggers a ban" - Thats really what this thread is about. She is considering staying in the US (w/o filing AOS) to figure out things with her spouse and/or/then complete a divorce process- and then go back to Canada. She may stay too long and get a ban.

 

 

[Eric-Pris 1,606]

IMO, a solid relationship can withstand the "stress" associated with waiting while immigration does their processing.  The current administration has nothing to do with your relationship failing.  For us, no matter how long it was, once she arrived, the stress (or any other issues) were outnumbered by happiness, joy, glee, excitement, etc.

 

If you are ready to give up on the relationship, just accept that it failed and move on.  No need to make excuses or start blaming the world.