Effects of the timing of divorce for the sponsor and beneficiary

[brian602 1]

Hi all, 

 

My wife, a K-1 recipient and I are about to enter the AOS process-- we are overdue in submitting this. However, our marriage is facing some difficulties as my wife is very homesick for her home country and is ultimately unsure about her long-term commitment to our relationship. It is a difficult conversation, but the topic of divorce has come up. I wanted some advice. Is it better to go ahead with the AOS process despite these uncertainties or possibly wait and file for divorce before the AOS?

 

What are the implications for the sponsor (myself)? If our marriage does end, I would like to have the opportunity to file another K-1 visa in the future and minimize the scrutiny from the USCIS, etc.

 

I would also like to minimize any negative consequences to my wife and whatever she may want to pursue in the future, if things go south for our relationship.

Thank you for any help.

 

-Brian

 

 

Edited May 2, 2023 by brian602

[TBoneTX 45,288]

Sorry for the situation.

 

Only you can gauge the depth and permanence of the homesickness, and whether it can be alleviated through one or more avenues.

 

If you're unsure about the future of the relationship, do NOT (under ANY circumstances) proceed with AOS.  If her green card is approved, with or without interview, you're on the hook for the I-864 for probably a very long time, even if you two are long-divorced.

 

From what I understand, you (the USC) must divorce her if she's to be viewed as divorced in the Philippines.  Others here can comment.

 

To clear future paths for both you and her if you divorce, I would notify USCIS and the Manila embassy that you have divorced (include the divorce certificate) and that she has returned to the Philippines effective ____ [date].

[JeanneAdil 6,505]

, I would like to have the opportunity to file another K-1 visa in the future and minimize the scrutiny from the USCIS, etc

 

I would think from reading that statement ,  you are not thinking to save this marriage or the best interest of your wife

 

Many are very homesick when they arrive,  and it makes it hard to adjust

Have u tried to introduce her to a nearby community of immigrants from her country?

have u offered to see a marriage consular?

Are the 2 of u still in love or has it passed?

Have u offered to buy a ticket so she can return?

Do u want to pay out for the AOS and be responsible for the I 864 for 10 years or till she is a citizen?

 

u do not need to answer but consider the questions

 

 

[Allaboutwaiting 2,503]

If you divorce she cannot adjust status. She must leave the US as she has no legal status in the country - you say you're overdue, so she already is out of status-.

[Boiler 45,514]

The I 134 is not enforceable, the I 864 is.

 

I am trying to remember the VJ I 134 record for PI, anyway 2 is not unusual.

 

 

[brian602 1]

Thank you all for the input.

 

I'm aware of the I-864 and the responsibilities that come with that. I'd rather not go into all the personal details of our relationship in regard to marriage counseling or other matters, etc. Usually there is more than one reason why a relationship faces difficult times, and this holds true for our case-- I've mentioned one of the items that have come up in our talks as a couple (feelings of uncertainty about the future and homesickness). However, I will say that I am inclined to believe that perhaps my partner has fallen out of love or at least has uncertainty about the relationship-- which goes hand in hand with the homesickness. At the same time, I'm also inclined to believe that my partner may also desire to have the opportunity to go through another K1 process in the future, if that may arise based on our talks. Thus, the homesickness may be a result of the situation with myself and my absence due to an unrelenting and time-consuming work schedule. That's about as much personal information as I feel comfortable sharing. 

 

In case things do go south, I'm trying to understand the implications for both parties, myself and my partner's, and I would like both of us to come away without damage to our records when it comes to immigration procedures. I'm not overly concerned about the responsibilities of the I-864, despite its large burden on the sponsor. Do we try to work it out now and wait to file the AOS or file for the AOS while working things out bearing in mind that we are having these discussions and the end result of our relationship is in doubt?

 

Thank you.

 

 

 

[Boiler 45,514]

I would have thought the odds of somebody being sponsored for an I 134 by 2 different people are pretty long? Even one I 134 is unusual, even in PI, if you think of the numbers.

 

Now I have seen divorces, re marry another USC and go through the I 601a process for Consulate Processing as K1's can only adjust through the original Sponsor, well VAWA accepted.

[Rocio0010 5,579]

11 minutes ago, brian602 said:

Do we try to work it out now

Working something out in a marriage can take long, even years. So waiting to adjust until you work it out might put her in a vulnerable position because she'd be out of status.

On the other hand, as @TBoneTX has said, DO NOT proceed with AOS because you will be on the hook. Additionally, if you proceed with the AOS knowing that you might very well divorce, it can taint her immigration journey in the future.

[TBoneTX 45,288]

Brian, from your follow-on explanation, it sounds as though it would be best to divorce now, when it's simpler for both of you.

 

You're thoughtful and considerate, and I think that this will go far in preserving both of your psychological states for any respective petition possibilities in the future.

[brian602 1]

Thanks all for the input. Difficult circumstances.

 

 

[TBoneTX 45,288]

2 hours ago, brian602 said:

Difficult circumstances.

Most certainly.  You'll survive it and both be able to look forward.

Keep us apprised as to your decision and how things go.