S Folinsky

Consult with an experienced immigration attorney immediately if not sooner. (And I’m not talking about a brief phone consult). Provided a marital dissolution petition has not been filed, and your husband is willing, a marriage need not be “viable” for you to adjust status. This is well established law of long standing.

S Folinsky

A K-1 entrant can only adjust based upon the marriage underlying the K-1 petition.

scrubbedexpat099

Maybe in her interests but the soon to be ex husband?

civilservant

Not if he realizes he's still on the hook for the I-864, anyway.

Rete

BE members have seen similar scenarios in the past. The only difference is that this OP is on a K-1 which limits who she can adjust status with.

She ultimately can divorce, remarry after the divorce to the new boyfriend and return to her own country and wait out the CR-1 visa. There is nothing, outside of the POE agents, that can stop her from visiting the new husband for 85 days a clip while she waits.

civilservant

In this circumstance she is currently out of status though, and potentially accruing illegal presence. If this recommendation were to be followed, she should abandon the adjustment, leave immediately, and petition for divorce from the UK.

Rete

Why is she out of status. Nowhere have I seen that information. The marriage is still legally valid and she is still living with her husband. They are legally separated by a court order and while they have an open marriage apparently and she is involved with another man while still legally married, does not make the marriage invalid. I'm from the 60/70 generation and know of many couple who lived an open lifestyle and still had good marriages.

civilservant

If the adjustment of status is denied, does that accrue unlawful presence back to the initial expiration of the K-1?

That I don't know.

If not, then yes, she would not be out of status at present. That's a very round-about way of saying that yes, she is in status right now.

Rete

No it does not. She has been legally in the US for the period of the K-1 and the period of awaiting adjudicated.

S Folinsky

I did put in the caveat if husband is willing. I’ve seen cases where estranged spouse is willing when aware of continuing I-864 obligation.

Kelidoscope

Hello everyone,

I just wanted to update seen as not very many people do and it may be useful. Not to mention I’m sure I’ll have a lot of questions going forward.

My ex/husband went to my interview with me for my AOS. They didn’t really ask us many questions regarding our relationship, it was more about where we worked and if the information on the paperwork was the same as when we filed it.
my ex/husband was relatively quiet, grumpy and occasionally rude to the interviewer but after going through the application she did say she was going to grant the adjustment and so I have my two year green card.

As soon as we got into the car after it he just said “ you’re on your own now” and had his friends remove some of my things from the house while we were away. We spoke via text only after that point and I came and got my mail and the rest of my things. I stayed in my car, a motel for a bit and eventually moved across the state line to somewhere I could afford on my own. I stopped contributing to the bills on the other place or I couldn’t afford to live on my own too.

I am now needing to get a divorce as that would be the best for both of us at this stage, regardless of if I have to go back to the UK but he does not answer the phone, respond to my text messages or emails regarding getting a divorce. He simply says he is too busy and won’t have time to sign the papers with me.

The boyfriend I have has been very supportive but I imagine he feels way in over his head about it all.

At this point do I even have any chance of getting a waiver to stay?

S Folinsky

Legal consultation is in order. Let me go further, legal representation would be a very good idea.

(One of my more memorable cases involved entry on a CR-1 visa wherein hubby picks up wife at airport and she finds girlfriend at home and hubby wants a ménage a trois. Point, this stuff happens but ends well immigration wise).

Rete

A similar scenario on 90 Day Fiancee. He is USC and she is Filippo here on a K-1. Before they actually marry, she told him she would only marry him if he agrees that she is allowed a "girl friend" in their marriage. The girl friend must be bi-sexual and can participate with both of them or with her alone. He fully agreed. They are in the process of interviewing women for the position.

SanDiegogirl

Had you told the truth at the interview, that the information as at the time of application had changed, i.e married in November 2019 and separated by August 2020 you would NOT have received your 2 year green card. Has all the aspects of visa fraud.
Think you will need a good lawyer - one who can 'sell' your situation.....

scrubbedexpat099

Well you are not on your own, did he realise his new obligations?