SXMWendell

Does anyone know of a K1 visa gone bad after mirrage but before I485.

Just trying to survive.

W.

Elvira

Your post is rather cryptic but I assume that your marriage has gone belly-up.

As far as I know your only option is to make sure you leave ths US within 180 days of the expiry of your K1 - otherwise you will incur a 3-year bar.

Noorah101

What do you want to know about it? Yes, it can happen.

Rene

-Hunter

"SXMWendell" <[email protected]> wrote in message
news:[email protected] ...
| Does anyone know of a K1 visa gone bad after mirrage but before I485.
|
| Just trying to survive.
|
| W.
|
|

It's not the K1 visa that has gone bad after marriage. K1 visas are only
good to apply for admission to the US before someone gets married. After
marriage, the K1 visa has served its purpose and the holder needs to AOS
thereafter to stay in legal status while in the US.

What could possibly go bad is the relationship.

SXMWendell

Thank you for clarifying the obvious.

W.

"Hunter" <[email protected]> wrote in message
news:[email protected] et...
>
>
> "SXMWendell" <[email protected]> wrote in message
> news:[email protected] ...
> | Does anyone know of a K1 visa gone bad after mirrage but before I485.
> |
> | Just trying to survive.
> |
> | W.
> |
> |
>
> It's not the K1 visa that has gone bad after marriage. K1 visas are only
> good to apply for admission to the US before someone gets married. After
> marriage, the K1 visa has served its purpose and the holder needs to AOS
> thereafter to stay in legal status while in the US.
>
> What could possibly go bad is the relationship.
>
>

Tracym

I'm sure there are many here who will try to help you. What I'm not sure of, is what you're asking. If you want to give a little more information, and some specific questions, I'm sure you will get some helpful responses.

I'm sorry if your marriage went bad so quickly, I can hardly imagine the disappointment of moving country and then having that happen.

Just Jenney

Instead of posting more specific, relevant and helpful information that could help people address your concerns, you decided to take the opportunity to make a sarcastic remark to someone who is trying to help people understand WHAT your concerns are. Bit rude, isn't it?

Does anyone know of anyone who entered the US on a K1 visa, gotten married, and then the marriage ended before applying for AOS -- is that your question? If so, my answer is no, I don't. But other people on here might.

~ Jenney

ian-mstm

A K-1 beneficiary can *only* adjust status based on a viable marriage to the person who filed the I-129F petition. No options. So... if you entered the US as a K-1 beneficiary *and* if you are now married *and* if you have not yet filed the I-485 *and* the marriage is no longer viable... you have only *two* options: 1) live in the US with no legal status fearing that every moment of your life the feds will knock on your door, or 2) leave the US. Personally, I'd choose #2.

Ian

SXMWendell

Thank you Ian

What would be the correct procedure to leave yhe US. Divorce and paper trail
of the leaving?
The I 485 has been sent in and biometrics taken but no appointment with the
USCIS yet.

W.


Divorce and paper trail of the leaving?
"ian-mstm" <[email protected]> wrote in message
news:[email protected] m...
>
> > Does anyone know of a K1 visa gone bad after mirrage but before I485.
> >
> > Just trying to survive.
> >
> > W.
>
> A K-1 beneficiary can *only* adjust status based on a viable marriage to
> the person who filed the I-129F petition. No options. So... if you
> entered the US as a K-1 beneficiary *and* if you are now married *and*
> if you have not yet filed the I-485 *and* the marriage is no longer
> viable... you have only *two* options: 1) live in the US with no legal
> status fearing that every moment of your life the feds will knock on
> your door, or 2) leave the US. Personally, I'd choose #2.
>
> Ian
>
> --

Tracym

Elvira mentioned that you had to leave within 180 days of the K-1 expiring.

I presume that since you've filed the I-485, even if it's longer than that you are still in legal status.

I am not stating this as fact, just wanting the others who know to comment.

Elvira

Probably........ but the first post was sooooooooo confusing: "K1 visa gone bad after mirrage but before I485"

I do so wish people - especially native English speakers! - would make at least some attempt to phrase their questions so that others can understand them...

Tracym

Fair enough. The guy sounds very upset however, and has clarified it for us.

Rete

The divorce can be done in the US and you need not be here for the duration of it. Will you be filing for the divorce or the USC?

You can mail the USCIS at the NVC address and at the local district office address advising them that you are withdrawing your petitions as your marriage is being dissolved. It is not a requirement as the petition will be considered abandoned once you do not show up for the interview.

But you never know what might happen. Have seen one couple that stands out in my mind (he is the USC and she is from Austria) where she came on the K-1 and then decided not marry, returned home and then decided to get married and had to do it all over again. Then there was the couple that actually married, he left and went back to the UK and then they decided to work on the marriage after all and had to go the K-3 route.

SXMWendell

I was wanting to know how to do this correctly with the USCIS for a
traceable departure ( if that is what they want). And leaving an option
opened for a future K1 visa (if that ever happens).

W.

"Rete" <[email protected]> wrote in message
news:[email protected] m...
>
> > Thank you Ian
> >
> > What would be the correct procedure to leave yhe US. Divorce and paper
> > trail
> > of the leaving?
> > The I 485 has been sent in and biometrics taken but no appointment
> > with the
> > USCIS yet.
> >
> > W.
> >
> >
> > Divorce and paper trail of the leaving?
> > "ian-mstm" <[email protected]> wrote in message
> > news:[email protected] m...
> > >
> > > > Does anyone know of a K1 visa gone bad after mirrage but before
> > > > I485.
> > > >
> > > > Just trying to survive.
> > > >
> > > > W.
> > >
> > > A K-1 beneficiary can *only* adjust status based on a viable
> > > marriage to
> > > the person who filed the I-129F petition. No options. So... if you
> > > entered the US as a K-1 beneficiary *and* if you are now married
> > > *and*
> > > if you have not yet filed the I-485 *and* the marriage is no longer
> > > viable... you have only *two* options: 1) live in the US with no
> > > legal
> > > status fearing that every moment of your life the feds will knock on
> > > your door, or 2) leave the US. Personally, I'd choose #2.
> > >
> > > Ian
> > >
> > > --
>
> The divorce can be done in the US and you need not be here for the
> duration of it. Will you be filing for the divorce or the USC?
>
> You can mail the USCIS at the NVC address and at the local district
> office address advising them that you are withdrawing your petitions as
> your marriage is being dissolved. It is not a requirement as the
> petition will be considered abandoned once you do not show up for the
> interview.
>
> But you never know what might happen. Have seen one couple that stands
> out in my mind (he is the USC and she is from Austria) where she came on
> the K-1 and then decided not marry, returned home and then decided to
> get married and had to do it all over again. Then there was the couple
> that actually married, he left and went back to the UK and then they
> decided to work on the marriage after all and had to go the K-3 route.
>
> --
> I'm not an attorney. This disclaimer is valid in NYS!

Elvira

I don't think there is a set procedure for your circumstances, but if it were me I would write a brief but unambiguous letter to the service center where you filed (by certified mail). Then make sure you keep the airline ticket and boarding pass stub from your departing flight.

You won't be able to file for another K1 with your wife. If you would need a K3 (unless you get divorced and get engaged to another USC, obviously).

Having said that, if you have indeed filed your I-485, you are (AFAIK) in legal status until one of two things happen:

- your marriage is not viable when you get to the interview stage;
- you get divorced.

HTH!