Got divorced before the interview

[AliceFL 0]

We met outside USA and fell in love... I decided to leave all my life behind to start this new life with him... so we applied for k1 visa... everything was beautiful... I got here and between 90 days we got legally married... but things started to get difficult living together in the same house... so he decided for the divorced... after a lot of stress I had to moved from his house... 

and then started living in different house we realized that we still love each other... we have our independence and life is much easier now. 

so we are trying to be together again. (it's normal to happen)

 

So... the USCIS its about to schedule our interview... 

 

We wanna go and explain everything... can we be denied?

[Dashinka 24,514]

If you are legally divorced, and there is no VAWA claim, then I think you would be rightly denied.

[geowrian 22,337]

Can you be denied? Yes. Will you be denied? Depends on the totality of your case. Not actually living together (by choice) is going to be a significant hurdle. Actually being divorced is major as well.

 

Was the divorce finalized?

Is he willing to continue with the I-864 commitment?

Are you still together?

 

The purpose of AOS here is family reunification still - meaning that the green card is for the purpose of being together with your spouse.

 

Assuming he still wants to continue with the I-864, it is possible to be approved still (even if divorced, per matter of Sesay). But it does sound like an uphill case to say the least.

Edited December 30, 2019 by geowrian

[AliceFL 0]

4 minutes ago, geowrian said:

Can you be denied? Yes. Will you be denied? Depends on the totality of your case. Not actually living together (by choice) is going to be a significant hurdle.

 

Was the divorce finalized?

Is he willing to continue with the I-864 commitment?

Are you still together?

 

The purpose of AOS here is family reunification still - meaning that the green card is for the purpose of being together with your spouse.

 

Assuming he still wants to continue with the I-864, it is possible to be approved still. But it does sound like an uphill case.

The divorced had been signed for both of us... and its with his lawyer already.

 

what you mean with he still wants to continue with the I-864?

 

we are trying to be together again...but in different houses.

 

[AliceFL 0]

8 minutes ago, Bill & Katya said:

If you are legally divorced, and there is no VAWA claim, then I think you would be rightly denied.

No VAWA claim.

Was just living together... that didnt work for us.

but we still love each other.

[geowrian 22,337]

9 minutes ago, AliceFL said:

The divorced had been signed for both of us... and its with his lawyer already.

 

what you mean with he still wants to continue with the I-864?

 

we are trying to be together again...but in different houses.

So it’s not finalized yet?

 

When you filed the I-485, it must have included an I-864 from him showing that he is willing and capable to support you so you will not become a public charge. This commitment is not terminated by divorce (it explicitly says so on it). Even though it was submitted already, it is not executed until AOS is approved. He can withdraw at any time prior to that. Given your circumstances, it is likely that he will be asked if he wants to continue with the commitment. If you intend to divorce, there is no benefit in him doing so and it’s potentially a lifelong financial commitment.

 

As noted, it’s not impossible to get approved so long as he wants to proceed with the I-864. But personally I would expect a denial initially and possibly having to get an attorney as Sesay type cases are not typical and tend to be difficult.

Edited December 30, 2019 by geowrian

[AliceFL 0]

3 minutes ago, geowrian said:

So it’s not finalized yet?

 

When you filed the I-485, it must have included an I-864 from him showing that he is willing and capable to support you so you will not become a public charge. This commitment is not terminated by divorce (it explicitly says so on it). Even though it was submitted already, it is not executed until AOS is approved. He can withdraw at any time prior to that. Given your circumstances, it is likely that he will be asked if he wants to go tie with the commitment. If you intend to divorce, there is no benefit in him doing so and it’s potentially a lifelong financial commitment.

 

As noted, it’s not impossible to get approved so long as he wants to proceed with the I-864. But personally I would expect a denial initially and possibly having to get an attorney as Sesay type cases are not typical and tend to be difficult.

so you suggestion its...to go to the interview?and explain it?

[JFH 12,190]

*~*~*question about divorce and immigration moved from “K-1 fiancé visa progress reports” to “effects of major family changes”*~*~*

[geowrian 22,337]

40 minutes ago, AliceFL said:

so you suggestion its...to go to the interview?and explain it?

If you don't go to the interview, it absolutely will be denied.

If you go to the interview, you have a > 0% chance of success.

Consulting with an immigration attorney may not be a bad idea.

[AliceFL 0]

1 hour ago, AliceFL said:

so you suggestion its...to go to the interview?and explain it?

Can I try to reschedule the interview?

 

 

[Ontarkie 14,228]

2 minutes ago, AliceFL said:

Can I try to reschedule the interview?

 

 

Do not try to reschedule. If your ex will go to the interview and keep his support in place than yes you have a chance. If no get ready to go back home. 

[AliceFL 0]

4 minutes ago, Ontarkie said:

Do not try to reschedule. If your ex will go to the interview and keep his support in place than yes you have a chance. If no get ready to go back home. 

I there any low cost or even free immigration center or lawyer that I can talk about it?

... we still have some questions.

[AliceFL 0]

1 minute ago, AliceFL said:

I there any low cost or even free immigration center or lawyer that I can talk about it?

... we still have some questions.

Cause I have an us citizen son under 18 living with me (not my ex's son)

 

[Ontarkie 14,228]

You can google to find one.

Sadly your USC son will not be able to help you stay. You entered on a K1 that is a very restrictive visa, and only allows you to adjust with the spouse that petitioned you. Your son would not be able to file anything until he is 21 and because your entry of a K1 he still would not be able to have your adjust from inside the US.

Your options are really limited.

[Russ&MaryAnn 110]

2 hours ago, AliceFL said:

The divorced had been signed for both of us... and its with his lawyer already.

If the divorce documents haven’t been submitted to the court by his lawyer, and a final decree approved by a judge it’s not complete and can be withdrawn