Immigration Questions?
 
Home
Consulate Questions
Immigration Questions
Passport Questions
Citizenship Questions
Immigration Lawyers
Immigration Laws
Site map
 
 
 
   
Story/Question about divorcing a K-1 immigrant

Question:
What's the issue with a divorce durring the 2 year card period?.. It's possible that I'm dealing with a deceitful girl. Do they send her back home or can they stay? AND can they stay if the sponsor may be convinced that "it was all for the money and green card?

Answer:
1. From what I read, I don't think it's hopeless for you and your wife to stay together. I think you guys got married without knowing each other too well - it happens quite often with international marriages. You and your wife need to cool off, then talk about what your goals are and what her goals are. After that it'll be more clear if you both want to make the marriage work. And then - BOTH YOU AND YOUR WIFE (!) work on it, learn to compromise, communicate.

2. WHere did you get the idea that she can't finance the car if she is not a US citizen? One has nothing to do with the other. I am not a citizen either, and I've financed two cars already.

3. She can legally divorce you AND stay in the US, if she proves that the marriage was entered into in good faith, but it just didn't work. There is no need for her to claim and prove abuse. Source: filing instructions for I-751, petition for removal of conditional status. Seek professional help, legal or marrital, you choose. Both of you are using the INS to bludgeon each other. If you split it won't matter what INS says to either of you. It's not fair to the forum to drag us into your marrital mess. The scoop is that your wife can file for removal of conditions succesfully soon after you divorce. She has to, however, prove to the INS that she entered into the marriage, in good faith and not to evade immigration laws. She doesn't have to wait until she completes the two years of conditional residency. Read this link. http://www.kamya.com/intro/cpr.html#removal2 She would, quite possibly, have to consult with an immigration lawyer.

Whether you want to stay in this marriage or not is a decision only you can make. From your story it would appear that she is in it for what she can get materially and for the green card. And quite possibly that she doesn't care for you at all... which really is the more important issue, to my way of thinking...

1.) Did you bring your wife over via fiancée visa or spousal visa?

2.) What country is she from?

3.) How long did you know her before entering into a committed relationship? 4.) What service center did you send in your application/petition to bring her over?

It has been my experience that if the process you go through to be together with your loved one is lengthy, your relationship is tested daily. I feel that if my relationship survives this whole trying INS process, it will be able to survive anything. I definitely feel we will be coming away from the whole experience knowing each other better and bringing us even closer (figuratively and literally) to one another. If you really had to struggle to be with your wife, I have to wonder how it is that you could know so little about her true character?






 
 
Privacy Policy