K1 Married Now Divorced without Green Card

[blackgarfield]

My girlfriend came to the United States in the beginning of 2005, she married her petitioner in the required 90 days as a k1 visa holder, she recently got a divorce from this man and we want to get married.

 

What do we have to do to make this legal, I would like to become her petitioner, does she have to leave the US?, and if so, how long must she wait before coming back to the US and what kind of visa do I petition her for?

 

And also does anyone know how long she can stay in the US after her divorce? She does not have her conditional GC yet.

[Guest ShaQuaNew]

Did your partner or her ex-husband contact the USCIS to inform them that they married within the required 90-days? Does she have a copy of the marriage certificate to prove it? If they failed to file, it will likely create a large number of headaches for you guys. It will be especially difficult, and even a deportable offense if she does not have a copy of the marriage liscense and certificate. I recommend you contact a good immigration attorney.

[david_dawei]

How far did she get through the immigration process? Sounds like maybe she submitted for the greencard visa a I-485 filing.. but has not gotten it yet.

 

Did she already go through the interview for the GC?

 

As far as marrying her.. the two of you are free to do whatever you want to do... but you should consult with someone to determine the best timing for a marriage based on the next immigration steps she has to still do.

 

In general, you don't want her to leave the US; find out the best course of action. As long as she stays in the US, I think she has an easier time of being forgiven certain things (meaning that leaving the country and starting the process over means eventually going through DOS, who IMO are less forgiving).

 

If she's not had her GC interview, this is the next hurdle she needs to jump... Then in about two more years, the removal of conditions step.

 

The problem, in principle, is that she'll be proceeding through immigration without the original primary sponsor.

 

My gut says not to marry prior to a GC interview...maybe after. Only because they do recognize that some will divorce for legitimate reason and without casting any suspicion on her 'immigration intent' to this country. I tend to think that a re-marriage, particularly prior to a GC interview would cast a negative light on the interview. Please don't interpret my thought as any interpretation of immigration law... only a gut feeling.

 

The question is whether it's better for her to remarry prior or after which step. Yes, a good immigration attorney should help you answer that.

[dnoblett]

All, see OP's post on VJ site last night.

 

http://www.visajourney.com/forums/index.php?showtopic=40595

[warpedbored]

VJ was right in the aspect that she can't adjust status based on her marriage to you since she came as a K-1. She can only adjust status based on her marriage to the original K-1 petitioner unless there was spousal abuse involved. If so she can adjust status on her own. You didn't fill in many details such as the circumstances of her divorce. Did her ex husband abuse her? are there police records etc to back up an abuse claim? You and she can marry whom ever you please as long as you are both single. You can even file an I-130 but that doesn't mean it will be approved. I'm not a big fan of lawers usually but in your case I would recommend that you get one.