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K1 Married Now Divorced without Green Card

blackgarfield

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blackgarfield

blackgarfield

Posted
Posted

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.

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NDTPRO

NDTPRO

Posted
Posted

Maybe you could help us understand her situation better.

How long was she with her husband after she arrived in the US?

Does she have her marrage certificate.?

Is her divorce complete, and does she have the document or decree?

Did her husband file the required AOS (adjustment of status) after their marrage?

Does she still have commication wit her husband?

This is a complicated situation, with no easy answer.

 

Her best shot at getting what she wants in her current situation, must be worked out following the path she came to this country on.

 

She may have some leverage with her husband if he filed the required I 864 support document, this document has legal teeth as a few folk have found out in this forum. This man is responsible for this for a loooooooooog time. I belive, for 40 quarters of work, or she leaves the country, she dies or becomes a naturalizes. So once he takes a look at what he is facing MAYBE he might want to think outside the box.

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Randy W

Randy W

Posted
Posted

 

She may have some leverage with her husband if he filed the required I 864 support document, this document has legal teeth as a few folk have found out in this forum. This man is responsible for this for a loooooooooog time. I belive, for 40 quarters of work, or she leaves the country, she dies or becomes a naturalizes. So once he takes a look at what he is facing MAYBE he might want to think outside the box.

 

If she does what you seem to be suggesting here, she might find herself deported for immigration fraud. Be careful.

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Thomas Promise

Thomas Promise

Posted
Posted (edited)

 

She may have some leverage with her husband if he filed the required I 864 support document, this document has legal teeth as a few folk have found out in this forum. This man is responsible for this for a loooooooooog time. I belive, for 40 quarters of work, or she leaves the country, she dies or becomes a naturalizes. So once he takes a look at what he is facing MAYBE he might want to think outside the box.

 

If she does what you seem to be suggesting here, she might find herself deported for immigration fraud. Be careful.

Zhe shi wo tai tai. Lihua

Edited by Thomas Promise (see edit history)
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sleepless in Houston&CQ

sleepless in Houston&CQ

Posted
Posted

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.

 

 

Mr Blackgarfield I hope you really know this lady.?!

I mean I hope your not being set up.

 

take care and best wishes

Bobby....

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papa bear

papa bear

Posted
Posted

 

She may have some leverage with her husband if he filed the required I 864 support document, this document has legal teeth as a few folk have found out in this forum. This man is responsible for this for a loooooooooog time. I belive, for 40 quarters of work, or she leaves the country, she dies or becomes a naturalizes. So once he takes a look at what he is facing MAYBE he might want to think outside the box.

 

Good idea and probably the least complicated.

The only problem is that if he can prove that you are trying to use blackmail (that is what it is) and he were to report it she could still be deported.

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Thomas Promise

Thomas Promise

Posted
Posted (edited)

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.

It sounds like this woman has been out of status for more then a year. She is looking for someone to be a stand in for her ex-husband. I would ask her for a final divorce decree or if you do not wish to show that you do not trust her. Ask her what county she was divorced in and then check with the clerk of courts on line.

You should really know this woman and her backround and why she did she got divorced so soon. If possible both sides if her ex will talk to you. Check this recent post out about becoming her petitioner on the I-864 contract.

http://candleforlove.com/forums/index.php?showtopic=21169

Edited by Thomas Promise (see edit history)
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dnoblett

dnoblett

Posted
Posted

You all really need to read the back and forth this one has been posting over on VJ, the story is quite interesting, looks like a feeding frenzy.

 

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

 

His girl has been in the country and out of status for over a year, sounds like AOS was not filed by her first husband, she wanted to go home but it sounds like Blackgarfield convinced her to stay. A very very messy situation. Most of the VJers won't touch this one.

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warpedbored

warpedbored

Posted
Posted

I find it disconcerting that we can't seem to get a straight answer out of him as to the status of her AOS. Just because she hasn't gotten her green card yet doesn't mean her ex didn't file for AOS. Indeed I would find it very strange that he didn't. If her husband abused her she can adjust status on her own. She can not adjust status based on a second marriage to a USC

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Thomas Promise

Thomas Promise

Posted
Posted

Zhe shi wo tai tai. Lihua

 

Thomas! Really? Do the time lines match?? You know for sure???

No. Lihua came here to the US in March of 2006. Lihua does not have a green card and this fellow post sort of matches our story.

 

Then why do you say Zhe shi wo tai tai. Lihua??

 

Can we believe anything you say?

I edited my orginal post and put Chinese words into it. I left out " Sounds like my wife's plans Zhe shi wo tai tai. Lihua"

I admitted to my error the next morning in another post. I am sorry for this mistake.

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