K1 Adjustment of status pending still, and marriage failed

[geowrian 22,337]

7 minutes ago, treppenwitz said:

In the other thread @geowrian said it's possible but very hard:

Especially for a short marriage.

 

To the OP: Below is the relevant part of the USCIS Policy Manual https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter7.html

Yes it is possible - with a major caveat: it requires the ongoing cooperation of the original petitioner.

They still need to provide an I-864. Given that there is 0 benefit for them to do this, it's not something to expect in the vast majority of cases.

There will also be an AOS interview (a general interview waiver for K-1 no longer exists). No show = expect a denial.

Even with their active support, a 2 month marriage would be an uphill battle. This is lawyer territory IMO.

 

There are people who have done this. But just be aware that it is far out of the norm and the deck will be stacked against you.

[SJordanS 343]

7 hours ago, lillyz said:

Hi everyone, 

After coming with k1 visa, being married for only 2 mounths, my partner admitted that he had feelings for someone else, and that he cheated on me ,and that he made a mistake marring me. 

He proposed to do an annulment of our marriage. 

I sent my adjustment of status 2 mounths ago, and still waiting for my work and travel permit, and green card that will take even longer. 

My question is :is there any specialist of immigration that can help me for free or for cheap? I am in Washington Seattle state. 

- To know my rights,and know what are the options I have: if I can stay in USA or come back to my country where I left everything I had ( job, good social status etc).

- Is there a way to get my green card other than the marriage?

-Is divorce or annulment better for me? 

 

 

 

First of all Im so sorry this has happened to you. What a nightmare. You are not alone. There are other VJ members here who have had the same happen. But a divorce is the best option for you. Do not annul. Its not fair you had to go through all that you did thinking you would spend the rest of your life with the love of your life and suddenly this gets sprung on you. Hang in there! 

[SJordanS 343]

3 hours ago, RLA said:

She's not a tourist who's considering to cut her overseas trip short.  She's about to move back to her home country.  There's more to a move than packing her suitcase and buying a ticket.  Preparing a move takes time and effort to prepare, and a usually also quite a bit of money.  She needs to make sure that she's got a place to stay back in her home country; she might have stuff that needs to be shipped; and she'll definitely want to find a lawyer here who will represent her interests in the upcoming divorce.  All of that needs to be arranged before she leaves because she won't be allowed to return in the foreseeable future.  I can understand that she'd like some help with that, especially as she seems to be short on cash.  That's my take on "prepare my back trip in good conditions". 

Absolutely.

[lillyz 0]

Thank you guys for your reactions. 

[JFH 12,190]

There is no annulment per se here in WA. You can have the marriage invalidated but there are strict criteria for this. You must prove that either the marriage is not legal (too young, too closely related, already married to someone else) or that you lacked the mental capacity to consent or that you married under duress. Sounds to me like the marriage was legal and entered into willfully on both sides. So an invalidation isn’t likely to happen. 

[aaron2020 11,651]

No fault divorce is much easier than an annulment which requires a legal cause.  Get over the stigma about being divorced.  

 

Sorry, there's no path to a green card.  Divorce and return home.  That's really the only path forward.

 

 

[Chocobo 196]

OP - first, I am very sorry that this happened.    Finding out that your spouse cheated and going thru a divorce sucks.

 

Check with your local courthouse or the clerk's office for some help with the divorce laws.  They should be able to provide you with a list of lawyers who may be able to help you pro bono (free), on a sliding scale (cheaper based on your financial situation), or legal aid (may also depend on your financial situation.)  The laws on divorce vary in each state, so you'll want to know what your husband's (and your) responsibilities are in terms of any alimony/spousal support payments, who will pay for medical insurance while the divorce is pending, etc.  Find out what your options are in terms of contesting the divorce (for whatever reason), or a non-contested divorce.  Non-contested divorces will go much faster and be much cheaper. 

 

EDIT: If you find an attorney you trust, you may be able to give your attorney the power to sign all the divorce documents so that you do not have to remain in the country during the divorce if you do not wish to remain during that time.  

Edited April 5, 2019 by Chocobo

[BethyWink 96]

I would start planning a return trip home.  Even on the event you are able to stay in the country, you can not work until you have your restrictions lifted, which can take months. So you really have no means to support yourself in this country.  At least if you go home, you can work starting day one.  

[lillyz 0]

Hello guys. 

First I want to thank you all for your help. My question today is about divorce in washington state. 

Same case : status k1 visa with adjustment of status pending, about to divorce. 

If i start the divorce process , I know divorce take 90 days to be finalized. 

Do I need to be present for the finalization of the divorce? 

Because I want to have the :divorce decree document. I'm afraid if it won't be finalized if I'm not present. 

I don't want to pay an attorney just to represent me for an amicable divorce , it's 1500$ . (There's no commun properties between me and my husband.) just to have the divorce decree sent to me, And be able to not be present. 

[Villanelle 4,122]

You need to contact the local clerk where you filed the divorce. Every jurisdiction has its own rules about things. Some places will allow you to not be there, some require an attny to be there if you are not etc. So they are the only ones who can tell you. Generally speaking you should be able to get a divorce and NOT be there the entire time but how complicated that or is what they require of you will be jurisdiction specific.

[Ontarkie 14,234]

I don't think you said what your home country is, but if you're worried just divorce when you get back home.

Edited June 3, 2019 by Ontarkie

[Chocobo 196]

On 6/2/2019 at 9:59 AM, lillyz said:

Hello guys. 

First I want to thank you all for your help. My question today is about divorce in washington state. 

Same case : status k1 visa with adjustment of status pending, about to divorce. 

If i start the divorce process , I know divorce take 90 days to be finalized. 

Do I need to be present for the finalization of the divorce? 

Because I want to have the :divorce decree document. I'm afraid if it won't be finalized if I'm not present. 

I don't want to pay an attorney just to represent me for an amicable divorce , it's 1500$ . (There's no commun properties between me and my husband.) just to have the divorce decree sent to me, And be able to not be present. 

 

My familiarity with divorce law is limited to Illinois and to Alberta, Canada.  That being said, TYPICALLY, if you have an agreed order for divorce, then no, you do not need to be present for the finalization of the divorce.  Many couples are able to come to a mutual agreement and sign all of the paperwork outside of court.  One (or both) of them then go to the court/clerk and file the signed agreement for the judge to review and approve.  Once a divorce document is entered with the court, you can get a fully entered copy from the clerk for your records.

 

A good idea before you proceed with this is to call the courthouse clerk, or go to their website. They should have some FAQ's about non-contested divorces.  They may even have a step by step instruction guide.  (Alberta, Canada had that, and I believe a few counties here in Illinois do, too.)

 

Extra note that I didn't remember to include in my PM - if you are 100% ready to be divorced and to just get home, I recommend that you are present here in the US to sign all of the documents.  While yes, you can still sign the documents back in your home country, the notarization/apostille process can be longer and more expensive.  Going back home and leaving all of the filing up to your soon-to-be ex involves a LOT of trust, so make sure that you are comfortable with this.