Starting divorce before interview. What happens? [merged threads]

[Timona 4,207]

1 hour ago, Crazy Cat said:

Can she divorce the OP, marry the new guy, then Adjust Status through her new spouse?? (I know it would a lot different before marriage)

 

55 minutes ago, mari04 said:

I see a lot of incorrect answers, including Arlen etc. if you divorce it does not matter: if she came on K1 visa and you divorce BEFORE APS is approved, unless she files vawa and get approved, SHE HAS TO LEAVE. No other option. Just withdraw your support. This is all you need to do to send her packing. 

 

You may wanna read the attached. 

 

https://rreeves.com/k-1-visa-holders-can-adjust-after-divorce/

Edited November 15, 2021 by Timona

[SalishSea 17,829]

1 hour ago, Kor2USA said:

 From USCIS: 

If you do not marry your U.S. citizen petitioner, you generally cannot apply for a Green Card based on any other Green Card eligibility category. There are some limited exceptions. If you are granted U nonimmigrant status while in the United States (for victims of qualifying criminal activity) or T nonimmigrant status (for victims of a severe form of trafficking in persons), you may apply for a Green Card based on any eligibility category that applies to you. You may also depart the United States to seek a Green Card on a different basis.

 

 

 

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-fiancee-of-us-citizen

They are already married.

[SalishSea 17,829]

1 hour ago, x3n said:

(as regards future petitions)

You're already considering bringing over another K-1?

[Boiler 45,516]

2 minutes ago, Jorgedig said:

You're already considering bringing over another K-1?

I think the most I have seen here is 4, 5th was CR1

 

 

[Redro 4,611]

7 minutes ago, Jorgedig said:

They are already married.

 

52 minutes ago, Kor2USA said:

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

Chapter 7 - Other Barred Adjustment Applicants

F. Nonimmigrant Admitted as Fiancé(e) of U.S. Citizen

A nonimmigrant fiancé(e) of a U.S. citizen cannot adjust status except on the basis of the marriage to the U.S. citizen who filed a Petition for Alien Fiancé(e) (Form I-129F) on behalf of the fiancé(e). [14] Likewise, a child of the fiancé(e) may only adjust on the basis of his or her parent’s marriage to the U.S. citizen petitioner. [15] 

The terms of the nonimmigrant fiancé(e) status require that the nonimmigrant fiancé(e) marry the petitioner within 90 days after becoming a nonimmigrant. [16] Furthermore, if the nonimmigrant has not been married for two years or more at the time of adjustment, the nonimmigrant fiancé(e) and any children of the fiancé(e) may only obtain permanent residence on a conditional basis. [17] 

 

Marriage Legally Terminated

A nonimmigrant fiancé(e) who contracts a valid and bona fide marriage to the U.S. citizen petitioner within the requisite 90-day time period remains eligible to adjust status on that basis, even if the marriage is legally terminated (whether by death, dissolution, or divorce) prior to adjustment of status and regardless of whether the nonimmigrant fiancé(e) remarries thereafter.[18] The applicant remains subject to all conditional permanent residency requirements, if applicable. [19] 

 

 

 

 

 

 

[HRQX 4,145]

2 hours ago, Crazy Cat said:

marry the new guy, then Adjust Status through her new spouse??

No, must still adjust through the K-1 marriage*, VAWA or other limited exemption.

 

*Can still adjust through K-1 marriage even after divorcing the K-1 petitioner, per Matter of Sesay. The caveat for that though is that K-1 AOS applicant must still be otherwise admissible; so if the K-1 petitioner withdraws the I-864 then the K-1 AOS applicant is inadmissible per INA 212(a)(4)(C)(ii). See Matter of Song: https://www.justice.gov/eoir/page/file/1112411/download "In this case, the respondent’s former husband, her petitioning sponsor, wrote to the USCIS and requested that his affidavit of support for her be withdrawn prior to adjudication of her application for adjustment of status. Although the respondent may still adjust her status, she is inadmissible on grounds that she is likely to become a public charge unless she provides an affidavit of support from the [K-1] petitioner."

1 hour ago, Kor2USA said:

A nonimmigrant fiancé(e) who contracts a valid and bona fide marriage to the U.S. citizen petitioner within the requisite 90-day time period remains eligible to adjust status on that basis, even if the marriage is legally terminated (whether by death, dissolution, or divorce) prior to adjustment of status and regardless of whether the nonimmigrant fiancé(e) remarries thereafter.[18]

^This part of the PM comes from the Matter of Sesay decision https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3707.pdf

Edited November 15, 2021 by HRQX

[igoyougoduke 1,656]

4 hours ago, x3n said:

The relationship between my wife and I has fallen apart prior to our AoS interview - so it seems clear that the interview will lead to a denial. I believe that my wife plans to return to her home country and start a new K-1 with the guy she's currently living with here in the US. I'm curious as to what difference it makes (for both her and me) if she requests to withdraw the I-485 as opposed to it dying "naturally" from the failed interview (assuming we don't show, or we show and explain we're getting divorced).

 

I'm assuming that she is supposed to leave the country either way - though I've also read that a filing a VAWA report, whether there was abuse or not, means she could stay (and, I assume, remarry without going through a new K-1).

 

I also realize now that I'm just assuming a failed marriage means the AoS interview will lead to denial. If that's not the case, then my request to withdraw the I-864 become much more important. I have so many questions and it's so difficult to figure these things out. 😕

 

irrespective you should withdraw as you are financial obligated based on your documentation of financial support with AOS. what she does is not your problem. you are legally financially bound if you dont withdraw 

[igoyougoduke 1,656]

3 hours ago, x3n said:

Yeah, I suppose I am more anxious than I should be. The legalese in that I-864 is pretty scary given my wife's actions and attitudes.
I have sent a withdrawal for the I-864 to field office.
I followed up with a letter containing evidence of her work (without authorization, and without reporting income).
I also reported the work to the ICE tip site some time ago - but nothing came of that and she's no longer working regardless.

I will explain to my wife how to send a withdrawal for the I-485 as she needs to do that herself and seems keen to do so (she believes it makes a difference to cancel vs be denied, which is what prompted my question).

I will plan to go to the interview. I expect that she will not. I will bring another copy of the I-864 withdrawal and work evidence in case they care.

 

Thanks for the help and advise everyone.
 

why do you plan to go to the interview ? as a petitioner you dont have to attend if the marriage is no longer salvageable and you no longer support it 

[Redro 4,611]

 

4 minutes ago, igoyougoduke said:

irrespective you should withdraw as you are financial obligated based on your documentation of financial support with AOS. what she does is not your problem. you are legally financially bound if you dont withdraw 

He has sent a letter withdrawing his support for the I-864. But hasn't received confirmation. Just the interview notice. 

1 minute ago, igoyougoduke said:

why do you plan to go to the interview ? as a petitioner you dont have to attend if the marriage is no longer salvageable and you no longer support it 

He wants to go to the interview to make sure they received his letter. And to make sure AOS doesn't go through.

 

 

[R. Wolfe 25]

 

Plus more than one person has said that it is possible for an Adjustment of Status to be granted if no-one shows up for the interview. I don't want that to happen.  

 

I have requested to withdraw the I-864. If they would just confirm that the request has been granted, then everything would be solved. Unfortunately, all evidence suggests that the requests has not been granted - so I have to try and figure out what to do now.

 

 

[African Zealot 1,455]

You lose nothing by showing up at the interview to ensure that the 864 is pulled just in the very very very remote case that the adjustment of status is approved without your presence.

[Scandi 4,166]

1 hour ago, x3n said:

 

Plus more than one person has said that it is possible for an Adjustment of Status to be granted if no-one shows up for the interview. I don't want that to happen.  

 

I have requested to withdraw the I-864. If they would just confirm that the request has been granted, then everything would be solved. Unfortunately, all evidence suggests that the requests has not been granted - so I have to try and figure out what to do now.

 

 

If you sent a letter then it can take a very long time for that letter to find the correct A-file. I sent a letter myself back in 2017 and it took months for that letter to be added to my A-file, according to the IO who interviewed me that letter had travelled to several different offices within USCIS before it catched up to my file (my file had been moved too as my interview got scheduled etc). So maybe one month isn't enough to get a response in all cases, it wasn't in mine. When I went for my interview the letter was at the top of my file and the issue the letter was about was pretty much the first thing the IO brought up/fixed before even starting the interview. If you're lucky your letter will be in her A-file by the time of the interview, but if it got stuck somewhere or is still "moving", then going to the interview yourself would be the best thing to do. She might not even show up, but you should for your own peace of mind.

[dwheels76 5,468]

On 11/14/2021 at 6:48 PM, x3n said:

Yeah, I suppose I am more anxious than I should be. The legalese in that I-864 is pretty scary given my wife's actions and attitudes.
I have sent a withdrawal for the I-864 to field office.
I followed up with a letter containing evidence of her work (without authorization, and without reporting income).
I also reported the work to the ICE tip site some time ago - but nothing came of that and she's no longer working regardless.

I will explain to my wife how to send a withdrawal for the I-485 as she needs to do that herself and seems keen to do so (she believes it makes a difference to cancel vs be denied, which is what prompted my question).

I will plan to go to the interview. I expect that she will not. I will bring another copy of the I-864 withdrawal and work evidence in case they care.

 

Thanks for the help and advise everyone.
 

Why give her a heads up. Also you withdrawing I-864 before I-485 is approved kills the petition. There's nothing to withdraw. You don't withdraw a denied petition.
 

Edited November 16, 2021 by dwheels76

[Penguin_ie 5,993]

***** two threads on the same issue merged *******

[R. Wolfe 25]

On 11/15/2021 at 3:23 PM, dwheels76 said:

Why give her a heads up. Also you withdrawing I-864 before I-585 is approved kills the petition. There's nothing to withdraw. You don;t withdraw a denied petition.

 

The Case Status web page still says "Interview Scheduled" rather than "Petition Denied", so there is no indication that my request to withdraw the I-864 has been granted. That is why I feel like withdrawing the I-485 could be important.