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trnysgirl

Got married, but its not working out

By trnysgirl in Effects of Major Family Changes on Immigration Benefits

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trnysgirl Rookie

trnysgirl   0

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Filed: K-1 Visa Country: Nigeria
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Hi everybody, I'm new to this site but I'm looking for some answers that I hope you can help me with. I am a USC and I petitioned for my Nigerian fiance to come to the US. He did and we got married about a month after he arrived. A couple months after that, we mutually agreed that the relationship was not working out. I had never filed for the AOS yet cuz we just didn't have the money to do it yet. I think he will be going back to Nigeria. Can you tell me: 1) would he be able to stay here legally if I file for divorce and never filed the AOS? 2) Can I get a divorce or annullment without his consent? Any advice you can give will be appreciated. Thanks

trnysgirl Rookie

trnysgirl   0

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Filed: K-1 Visa Country: Nigeria
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If you have not filed AOS then he can not adjust by himself and has to return to Nigeria. Yes you can divorce without his consent.

thanks for the informatiion. So there's no way, under any circumstances that he could stay with the visa that he has? Even if we had already gotten married? Also, do you think I could get an annullment without his consent? Or is it just a divorce? thanks

tmma Experienced

tmma   467

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Filed: Country: Netherlands
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is he wanting to stay despite the marriage not working?

Liefde is een bloem zo teer dat hij knakt bij de minste aanraking en zo sterk dat niets zijn groei in de weg staat

event.png

IK HOU VAN JOU, MARK

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Take a large, almost round, rotating sphere about 8000 miles in diameter, surround it with a murky, viscous atmosphere of gases mixed with water vapor, tilt its axis so it wobbles back and forth with respect to a source of heat and light, freeze it at both ends and roast it in the middle, cover most of its surface with liquid that constantly feeds vapor into the atmosphere as the sphere tosses billions of gallons up and down to the rhythmic pulling of a captive satellite and the sun. Then try to predict the conditions of that atmosphere over a small area within a 5 mile radius for a period of one to five days in advance!

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tmma Experienced

tmma   467

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Filed: Country: Netherlands
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Posted (edited)
is he wanting to stay despite the marriage not working?

No, he says that he wants to go back to Nigeria. I'm just wondering, if he decided to stay, is it even possible?

He cannot AOS [easily if at all] without you, as his visa is based on his marriage to you. I'm sorry this has happened. (F) , but really, if he is saying he wants a divorce and go back to Nigeria........ I wouldn't worry about his "options or decisions on staying in the US" anyway.

Edited by tmma

Liefde is een bloem zo teer dat hij knakt bij de minste aanraking en zo sterk dat niets zijn groei in de weg staat

event.png

IK HOU VAN JOU, MARK

.png

Take a large, almost round, rotating sphere about 8000 miles in diameter, surround it with a murky, viscous atmosphere of gases mixed with water vapor, tilt its axis so it wobbles back and forth with respect to a source of heat and light, freeze it at both ends and roast it in the middle, cover most of its surface with liquid that constantly feeds vapor into the atmosphere as the sphere tosses billions of gallons up and down to the rhythmic pulling of a captive satellite and the sun. Then try to predict the conditions of that atmosphere over a small area within a 5 mile radius for a period of one to five days in advance!

---

Ta Ta Mentor

Ta Ta   1

Posted
Filed: Country: Senegal
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Posted
If you have not filed AOS then he can not adjust by himself and has to return to Nigeria. Yes you can divorce without his consent.

thanks for the informatiion. So there's no way, under any circumstances that he could stay with the visa that he has? Even if we had already gotten married? Also, do you think I could get an annullment without his consent? Or is it just a divorce? thanks

That is correct. He can not under any circumstances adjust status being divorced.

Annullment depends on state law and the reasons of why you want to leave him.

trnysgirl Rookie

trnysgirl   0

Posted
Filed: K-1 Visa Country: Nigeria
 Timeline
  • Author
Posted
If you have not filed AOS then he can not adjust by himself and has to return to Nigeria. Yes you can divorce without his consent.

thanks for the informatiion. So there's no way, under any circumstances that he could stay with the visa that he has? Even if we had already gotten married? Also, do you think I could get an annullment without his consent? Or is it just a divorce? thanks

That is correct. He can not under any circumstances adjust status being divorced.

Annullment depends on state law and the reasons of why you want to leave him.

ok thanks

pushbrk Grand Master

pushbrk   13,073

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Filed: Other Country: China
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is he wanting to stay despite the marriage not working?

No, he says that he wants to go back to Nigeria. I'm just wondering, if he decided to stay, is it even possible?

He could stay by successfully claiming you abused him. Otherwise, I can't think of a way.

Speak to an attorney about an annulment. A divorce is no problem. but you may want an attorney for that too.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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trnysgirl Rookie

trnysgirl   0

Posted
Filed: K-1 Visa Country: Nigeria
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Posted
is he wanting to stay despite the marriage not working?

No, he says that he wants to go back to Nigeria. I'm just wondering, if he decided to stay, is it even possible?

He could stay by successfully claiming you abused him. Otherwise, I can't think of a way.

Speak to an attorney about an annulment. A divorce is no problem. but you may want an attorney for that too.

if he said that i abused him, could they just believe his word, or would there have to be proof??

Kathryn41 Grand Master

Kathryn41   3,205

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Filed: Citizen (apr) Country: Canada
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There would have to be some sort of proof or evidence. They won't just accept his word without an investigation of some type.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

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