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Bloom Grace

Divorcing after K-1 but before the AoS

By Bloom Grace in Effects of Major Family Changes on Immigration Benefits

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Bloom Grace Newbie

Bloom Grace   0

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My partner and I got married in 2019, fulfilling the conditions of the K-1. We've been married 2 and a bit years now and have decided to separate and divorce. I have never started the AoS process.

 

I am Australian and will be leaving back to Aus soon. I have no intention of staying in the US. After researching, I've found out that because I never filled in the AoS, I have overstayed my Visa by 2+ years and will likely be barred from entering the US for 10 years. We have no children and no assets. No joint accounts or debts. The only requirement we need left is to be separated for 6 months before filing, so I will find a lawyer once I'm home.

 

I was wondering if anyone knew what the process was for notifying the appropriate people once we can get the divorce papers sorted. Once I get back to Australia (or maybe even before?), do I have to notify the US or Australian embassies at all? I'm sure there's some formalities I need to go through. I can't find any information or forums for people that go through this without having the AoS process started. 

Edited by Bloom Grace
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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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Don't think you have anything to do really. Just board a plane and leave. 

 

I believe you will get a ban. But if you ever find a new US flame, a waiver may be available. 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Crazy Cat Grand Master

Crazy Cat   41,901

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Filed: Citizen (apr) Country: Taiwan
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1 hour ago, Bloom Grace said:

My partner and I got married in 2019, fulfilling the conditions of the K-1. We've been married 2 and a bit years now and have decided to separate and divorce. I have never started the AoS process.

 

I am Australian and will be leaving back to Aus soon. I have no intention of staying in the US. After researching, I've found out that because I never filled in the AoS, I have overstayed my Visa by 2+ years and will likely be barred from entering the US for 10 years. We have no children and no assets. No joint accounts or debts. The only requirement we need left is to be separated for 6 months before filing, so I will find a lawyer once I'm home.

 

I was wondering if anyone knew what the process was for notifying the appropriate people once we can get the divorce papers sorted. Once I get back to Australia (or maybe even before?), do I have to notify the US or Australian embassies at all? I'm sure there's some formalities I need to go through. I can't find any information or forums for people that go through this without having the AoS process started. 

You have been out of status for some time.  As far as US immigration matters are concerned, you WILL incur a 10 year ban when you leave.  No further action required.  I just wouldn't plan on returning to the US any time soon.  

I visited Australia in 2015. Sydney, Uluru, Cairns.  Loved it!!!  I want to visit there again.  

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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Moved from K1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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