QUESTION
Does he need to file i-130 first and do we need to mention his mental problem and our relationship difficulty in our application?
Asked on Jul 21st, 2014 on Immigration - Texas
More details to this question:
I got in the US on K-1 visa in January 2014 and married in February. My husband got mental problems and hasn't filed for adjustment for me. My K-1 visa expired. He is willing to help me to file now. We're now separated. There is a possibility that we may get divorce if his situation gets worse. Our marriage is true after near 2 years dating and living together in UK. Thanks.
2 ANSWERS
If you are no longer in a bona fide marital relationship, your I-485 on the basis of marriage will not be approved. Furthermore, if you divorce before the interview, then it simply will be terminated.
Answered on Jul 24th, 2014 at 4:02 AM
Bruce A. Coane
The I-485 is an application that you prepare, sign and file. A spouse's only involvement on a K-1 adjustment would be to sign the I-864.
Answered on Jul 23rd, 2014 at 3:06 PM