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Question about K-1 Divorce before filing for AOS ?

Question about K-1 Divorce before filing for AOS ?

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Old May 2nd 2004, 7:03 pm
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wesleygolf is an unknown quantity at this point
Default Question about K-1 Divorce before filing for AOS ?

What happens if my wife and I divorce before filing AOS after a K1 marriage? Does she have to return to her country and since no 864 was filed, what are my legal responsabilities? Any help would be appreciated as this is not working out for me. I am the US citizen. I have NOT filed AOS papers yet. Thanks
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Old May 2nd 2004, 7:39 pm
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Default Re: Question about K-1 Divorce before filing for AOS ?

Originally posted by wesleygolf
What happens if my wife and I divorce before filing AOS after a K1 marriage? Does she have to return to her country and since no 864 was filed, what are my legal responsabilities? Any help would be appreciated as this is not working out for me. I am the US citizen. I have NOT filed AOS papers yet. Thanks
Hi:

Assuming a bona fide marriage took place within 90 days of entry -- the law is quite muddy on this.

Also, to be pedantic, as the US citrizen, "you" would not file the AOS papers.

Also, there might be some interesting state law issues if you sought dissolution of the marriage.

If I represented your wife, it sounds it would be like an intellectually fun case.
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