PENDING AOS

[Promise.nice 0]

Hi Good people,

 

 I have a question, what are the options available to K1 beneficiary after entering the US and getting married and file for AOS and receive green card then the husband and wife separated or end the marriage due to one problem or the other from time to time.

Does the beneficiary have any chances after the estranged wife inform the uscis that the marriage is no longer existing. 

Thanks as we wait your opinions.

[Crazy Cat 41,982]

We would need a timeline of events.  Did the marriage end?  Was it after the green card was issued? Was it a 2 year Green card?  There will be scrutiny all the way through the naturalization process. 

[Promise.nice 0]

23 minutes ago, Crazy Cat said:

We would need a timeline of events.  Did the marriage end?  Was it after the green card was issued? Was it a 2 year Green card?  There will be scrutiny all the way through the naturalization process. 

The marriage ended after 2 years green card was issued 

[Crazy Cat 41,982]

6 minutes ago, Promise.nice said:

The marriage ended after 2 years green card was issued 

Was the Green Card a 2 year card or a 10 year card?

[Crazy Cat 41,982]

7 minutes ago, Promise.nice said:

The marriage ended after 2 years green card was issued 

Was the Green Card issued before the marriage ended or after? 

[Promise.nice 0]

9 minutes ago, Crazy Cat said:

Was the Green Card issued before the marriage ended or after? 

The green card was a 2 years green card issued few weeks before the marriage ended.

Thanks.

[Crazy Cat 41,982]

12 minutes ago, Promise.nice said:

The green card was a 2 years green card issued few weeks before the marriage ended.

Thanks.

The green card holder is going to have to file an I-751 with a divorce waiver.  Expect a lot of scrutiny. 

[Promise.nice 0]

1 minute ago, Crazy Cat said:

The green card holder is going to have to file an I-751 with a divorce waiver.  Expect a lot of scrutiny. 

Thanks Crazy,

If I may ask, what could be the basis of the scrutiny? No domestic violence or whatsoever from both sides, just that the marriage wasn’t working it had been from one argument or anger issues and disagreements to the other. 

[JeanneAdil 6,579]

Separated or divorced?

separated is more difficult as there is no waiver for separated and u need the USC to assist in the AOS process

 

Divorced you need divorce papers  (court signed) and the waiver 

[Rocio0010 5,580]

40 minutes ago, Promise.nice said:

Thanks Crazy,

If I may ask, what could be the basis of the scrutiny? No domestic violence or whatsoever from both sides, just that the marriage wasn’t working it had been from one argument or anger issues and disagreements to the other. 

The timing is the basis for scrutiny. You said the gc was issued a few weeks before the marriage ended. That’s a strange coincidence. 
 

Edited January 12, 2023 by Rocio0010
missed "the basis of"

[Timona 4,208]

Why's your topic "Pending AOS?" yet the body of your post reads something else? 

 

Are you trying to shop for options on when's the "safest time" to immediately leave your USC spouse? We know this "Oooo we divorced because of small arguments." Why don't you divorce before GC is issued?🤔

 

P.S: Reading your first post, and going with your choice of words, it seems you haven't got a GC yet. You seem to be calculating your moves. Nobody here is gonna help you scam your spouse/ immigration. Divorce the lady and let your true love file for you or if your true love is Ghanaian, stay and live in Ghana with her and don't use people to achieve a benefit and then dump them to bring your real wife from Ghana. 

Edited January 12, 2023 by Timona

[Crazy Cat 41,982]

****Moved to Removing Conditions on Residency as 2-year Green Card was issued after AOS approved****

Edited January 12, 2023 by Crazy Cat

[Mike E 11,741]

1 hour ago, Promise.nice said:

If I may ask, what could be the basis of the scrutiny?

The marriage ended before (edit shortly after, thanks @Rocio0010)  the gc was issued. Which means divorce was filed before the gc was issued.  
 

The first question USCIS will ask is when was divorced filed? And second  was it before or after I-485 was filed?

 

Fortunately, adjustment from K-1 has a court ordered loophole that Congress inadvertently created. Which is that the law that lets a K-1 visa holder adjust status even if  the holder divorces before getting the green card or even before  filing I-485.  The case is CHOIN VS. MUKASEY .
 

Your concern should be whether the ISO adjudicating your case is up to speed.  The sole requirement is that the couple marry within 90 days of entering the USA. 
 

Given @Timona’s observation I will also observe that material misrepresentation is a life time ban. 

 

Edited January 12, 2023 by Mike E

[Rocio0010 5,580]

3 minutes ago, Mike E said:

The marriage ended before the gc was issued

Not according to OP.

But regardless, to me, what is strange is that OP is asking if beneficiary has any chances if estranged wife informs USCIS....

[Promise.nice 0]

30 minutes ago, Timona said:

Why's your topic "Pending AOS?" yet the body of your post reads something else? 

 

Are you trying to shop for options on when's the "safest time" to immediately leave your USC spouse? We know this "Oooo we divorced because of small arguments." Why don't you divorce before GC is issued?🤔

 

P.S: Reading your first post, and going with your choice of words, it seems you haven't got a GC yet. You seem to be calculating your moves. Nobody here is gonna help you scam your spouse/ immigration. Divorce the lady and let your true love file for you or if your true love is Ghanaian, stay and live in Ghana with her and don't use people to achieve a benefit and then dump them to bring your real wife from Ghana. 

Well, I’m just here to find helpful information as regards what am experiencing not here for this your negativity and unpleasant response. Do you know how many years we have been together even before coming in as a k1 ? 
Do you know all we been doing to also make our marriage work ? You’re better of asking reasonable questions than jumping the gun.

If everyone here Portray this your energy who will vend reasonable and useful information to those who needs them ? 
You need to do better sir.