My mother was petitioned by my father throught K-1 visa and she was already here and got married a month after she got here but they have irreconcillable differences after a month ofliving together and she wants to go back now to our country and wait for me to file petition for him - can she just go back to our country and wait until next year til I get my citizenship for me to petition her?
Possibly. One would have to take a close look at all the issues regarding the marriage. Also, if your mother would qualify as an "abused spouse" she might be able to self-petition right away and would not have to leave the country.
She should consult an immigration attorney.
Wolf W. Kaufmann
Southern California Immigration Attorney
This posting does not establish a client-attorney relationship and cannot substitute detailed legal advice in your case.