QUESTION
Can my wife stay in the US on a K-1 Visa if we divorce?
Asked on Dec 27th, 2010 on Immigration - Arizona
More details to this question:
My wife came from Colombia to Texas 6 months ago on a K-1 visa. We have been married for 5 months. We are divorcing after 6 months. She is waiting for her green card and permanent status now). We have interview 01/2011. Can she stay in USA if we divorce?
5 ANSWERS
If you divorce before she receives her green card the petition will fail since there is no longer a qualifying relationship.
Answered on Jan 16th, 2011 at 8:13 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Her K-1 was only valid for six months. Once you married and she applied for permanent residency through the marriage her status changed to permanent residency pending. Once you are divorced she would no longer have that status and would need to return home. Best would be to get divorced after she obtains her green card then this belongs to her. If it is a conditional marriage then she would get only a two year card and would need to self-petition before the end of the 2-year period. She will have a higher burden to show the original marriage was not a fraud but just didn't work out for reasons unrelated to immigration. You could help her by giving her a letter to use on why the marriage broke down and confirming that the relationship was legitimate when entered into.
Answered on Dec 29th, 2010 at 10:58 AM
William C. Gosnell
No, your wife cannot stay in the US on a K1 visa if you get a divorce.
Answered on Dec 28th, 2010 at 10:43 AM
If you divorce before she gets the green card, she has to go back to Colombia.
Answered on Dec 28th, 2010 at 10:13 AM
Citizenship Law Attorney serving Tucson, AZ
at
Messing Law Offices, P.L.C.
Update Your Profile
Probably not. If she has not yet received her conditional permanent residency, the fact of divorce should result in a denial of permanent residency, after which she would have to leave the country. Without a retainer agreement with this office, there is no attorney client relationship, confidentiality of the attorney client relationship, or responsibility of this office for the case.
Answered on Dec 27th, 2010 at 4:43 PM