Divorcing a K-3 Before AOS

[one...two...tree 2,762]

Can the petitioner of a K-3 divorce his/her foreign spouse prior to AOS without probable cause and force the foreign spouse to return to their home country or does the foreign spouse have any legal recourse?

[ApprovalPlease 0]

Can the petitioner of a K-3 divorce his/her foreign spouse prior to AOS without probable cause and force the foreign spouse to return to their home country or does the foreign spouse have any legal recourse?

Yes you can divorce and force him/her to leave because She hasn't recieved her Greencard yet, even after finishing AOS, If the marriage is shorter than 2 years, the Green card given is a conditional one, which means if the couple divorce during those initial two years, the foreign spouse looses her Green card hence have to leave the country.

[Kez/JWolf 6]

If a K3 visa holders get divorced for any reason then it would be imposible to file for AOS based on marrage... they would be able to remain in the USA until their K3 visa expired...

Kez

[Suitelady79 0]

And then after that they better watch out for the Illegal Immigrant Hunters...cuz they'll be out to get em!

[one...two...tree 2,762]

If a K3 visa holders get divorced for any reason then it would be imposible to file for AOS based on marrage... they would be able to remain in the USA until their K3 visa expired...

Kez

Let me give a scenario. A man petitions his foreign wife on a K-3 and brings her here. Within 2 years they have a child. In the meantime, he doesn't file for her AOS and decides that he doesn't want the financial responsibility of being married, so he tells her he's going to divorce her and she has to go back home.

Now tell me that she (the foreign spouse) has no legal recourse in that situation???

[YuAndDan 153]

Yes you can divorce and force him/her to leave because She hasn't recieved her Greencard yet, even after finishing AOS, If the marriage is shorter than 2 years, the Green card given is a conditional one, which means if the couple divorce during those initial two years, the foreign spouse looses her Green card hence have to leave the country.

Not exactly true, if after AOS is approved and the LPR has a conditional green-card, and divorces, the LPR can immediately file to lift conditions, and can get the joint filing waived.

Filing after Divorce or Annulment

A conditional permanent resident with a marriage that was terminated due to divorce or annulment must file for a waiver of the requirement of the joint filing of Form I-751. To obtain an approval of the I-751 and be granted unconditional lawful permanent resident status, the conditional permanent resident spouse must be able to show that s/he entered into the marriage in good faith.

The person seeking permanent resident status should expect to undergo an interview at the USCIS about the marriage. The USCIS will closely scrutinize whether the marriage was bona fide at its inception. The USCIS will review the divorce decree and complaint for matters that may be reflective of whether the marriage was entered into purely for immigration purposes or to perpetrate fraud against the United States citizen spouse or the USCIS.

http://www.murthy.com/news/n_remcon.html

[YuAndDan 153]

If a K3 visa holders get divorced for any reason then it would be imposible to file for AOS based on marrage... they would be able to remain in the USA until their K3 visa expired...

Kez

Let me give a scenario. A man petitions his foreign wife on a K-3 and brings her here. Within 2 years they have a child. In the meantime, he doesn't file for her AOS and decides that he doesn't want the financial responsibility of being married, so he tells her he's going to divorce her and she has to go back home.

Now tell me that she (the foreign spouse) has no legal recourse in that situation???

Yes, the foreign spouse can sue for custody of the child, as well as child support in a US court of law. Edited August 1, 2007 by YuAndDan

[ApprovalPlease 0]

If a K3 visa holders get divorced for any reason then it would be imposible to file for AOS based on marrage... they would be able to remain in the USA until their K3 visa expired...

Kez

Let me give a scenario. A man petitions his foreign wife on a K-3 and brings her here. Within 2 years they have a child. In the meantime, he doesn't file for her AOS and decides that he doesn't want the financial responsibility of being married, so he tells her he's going to divorce her and she has to go back home.

Now tell me that she (the foreign spouse) has no legal recourse in that situation???

K3 has a time limit, if he hasn't filed for AOS and her K3 is expired...she is already illegal, I think she should consult a lawer for legal recourse and sue the pants of that guy....

[ApprovalPlease 0]

If a K3 visa holders get divorced for any reason then it would be imposible to file for AOS based on marrage... they would be able to remain in the USA until their K3 visa expired...

Kez

Let me give a scenario. A man petitions his foreign wife on a K-3 and brings her here. Within 2 years they have a child. In the meantime, he doesn't file for her AOS and decides that he doesn't want the financial responsibility of being married, so he tells her he's going to divorce her and she has to go back home.

Now tell me that she (the foreign spouse) has no legal recourse in that situation???

K3 has a time limit, if he hasn't filed for AOS and her K3 is expired...she is already illegal, she should consult a lawer for legal recourse.

[one...two...tree 2,762]

If a K3 visa holders get divorced for any reason then it would be imposible to file for AOS based on marrage... they would be able to remain in the USA until their K3 visa expired...

Kez

Let me give a scenario. A man petitions his foreign wife on a K-3 and brings her here. Within 2 years they have a child. In the meantime, he doesn't file for her AOS and decides that he doesn't want the financial responsibility of being married, so he tells her he's going to divorce her and she has to go back home.

Now tell me that she (the foreign spouse) has no legal recourse in that situation???

Yes, the foreign spouse can sue for custody of the child, as well as child support in a US court of law.

Thank you, Daniel! You rock!

There is a woman in this situation (except I don't if there is a child) who posted here...

http://www.visajourney.com/forums/index.php?showtopic=80943

I hope she'll get the right advice.

[one...two...tree 2,762]

If a K3 visa holders get divorced for any reason then it would be imposible to file for AOS based on marrage... they would be able to remain in the USA until their K3 visa expired...

Kez

Let me give a scenario. A man petitions his foreign wife on a K-3 and brings her here. Within 2 years they have a child. In the meantime, he doesn't file for her AOS and decides that he doesn't want the financial responsibility of being married, so he tells her he's going to divorce her and she has to go back home.

Now tell me that she (the foreign spouse) has no legal recourse in that situation???

K3 has a time limit, if he hasn't filed for AOS and her K3 is expired...she is already illegal, I think she should consult a lawer for legal recourse and sue the pants of that guy....

No offense, but I really wasn't looking for mere speculation... I was hoping for someone who might be able to refer to actual documentation which Daniel provided.

[YuAndDan 153]

If a K3 visa holders get divorced for any reason then it would be imposible to file for AOS based on marrage... they would be able to remain in the USA until their K3 visa expired...

Kez

The K-3 could file for AOS on their own in cases of spousal abuse, it would not be based on marriage, but it is not impossible for them to file for AOS.

They would file both I-360, and I-485 together, On I-360 they would check "i" Self-Petitioning Spouse of Abusive U.S. Citizen or Lawful Permanent Resident, and On I-485 check "h", and specify Self-Petitioning Spouse of Abusive U.S. Citizen or Lawful Permanent Resident.

[diadromous mermaid 36]

If a K3 visa holders get divorced for any reason then it would be imposible to file for AOS based on marrage... they would be able to remain in the USA until their K3 visa expired...

Kez

Let me give a scenario. A man petitions his foreign wife on a K-3 and brings her here. Within 2 years they have a child. In the meantime, he doesn't file for her AOS and decides that he doesn't want the financial responsibility of being married, so he tells her he's going to divorce her and she has to go back home.

Now tell me that she (the foreign spouse) has no legal recourse in that situation???

Yes, the foreign spouse can sue for custody of the child, as well as child support in a US court of law.

Thank you, Daniel! You rock!

There is a woman in this situation (except I don't if there is a child) who posted here...

http://www.visajourney.com/forums/index.php?showtopic=80943

I hope she'll get the right advice.

Without a child, the rights that she might have would be different though.

[pushbrk 12,898]

If a K3 visa holders get divorced for any reason then it would be imposible to file for AOS based on marrage... they would be able to remain in the USA until their K3 visa expired...

Kez

The K-3 could file for AOS on their own in cases of spousal abuse, it would not be based on marriage, but it is not impossible for them to file for AOS.

They would file both I-360, and I-485 together, On I-360 they would check "i" Self-Petitioning Spouse of Abusive U.S. Citizen or Lawful Permanent Resident, and On I-485 check "h", and specify Self-Petitioning Spouse of Abusive U.S. Citizen or Lawful Permanent Resident.

See Waiver of Joint Filing

http://www.uscis.gov/propub/ProPubVAP.jsp?...110a6807e7b9384