Hello, I need some legal advice. I entered the U.S. on a K-1 visa, got married, and applied for Adjustment of Status (I-485).
Hello, I need some legal advice.
I entered the U.S. on a K-1 visa, got married, and applied for Adjustment of Status (I-485).
I already had my AOS interview, but I have not received my Green Card yet.
Now I am having serious marital problems and I am worried about divorce.
If we divorce before my Green Card is issued, can I still stay and work in the U.S.?
What are my options?
Thank you very much for your help.
You remain eligible for K1 adjustment even after the filing/completion of divorce, as long as you could convince USCIS that it is/was a good faith marriage. If your adjustment has not been approved after the interview because USCIS suspects marriage fraud, then your case is on very shaky ground.
DISCLAIMER: The answer provided above is for informational purposes only, should not be relied upon as legal advice, and does not form an attorney-client relationship.
Hello,
If you divorce before you get your green card, it may be very difficult to get a green card based on that marriage because of your initial K-1 fiancé(e) visa. Good Luck.
Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen A. Emenike, Attorney at Law
If you divorce before your green card is issued, you will become ineligible for a green card through marriage.
Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship. This answer may have been generated with the help of artificial intelligence.
Divorce before the Green Card is issued may jeopardize the ability to still stay and work in the U.S.
Please acknowledge my answer as "BEST ANSWER" and/or "HELPFUL"? If you think so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
