Can my wife stay in the US on a K-1 Visa if we divorce? 10 Answers as of January 16, 2011

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?

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
If you divorce before she receives her green card the petition will fail since there is no longer a qualifying relationship.
Answer Applies to: Florida
Replied: 1/16/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
No. Your wife's status as a bona fide immigration beneficiary disintegrates the moment the final order of divorce is signed and entered into public record. If the marriage is still intact at the time of the interview, and the interviewer does not come away with the notion that the marriage was entered into for the green card instead of honest love (which is going to be hard to do, given that you two are getting a divorce less than six months after coming into the country on a K-1 fiancee visa, and therefore, 3-6 months after marrying and filing for adjustment of status), then she may get the conditional residency (CR-1), which is what you're actually applying for right now. It sounds pretty bad.
Answer Applies to: California
Replied: 1/10/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
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.
Answer Applies to: California
Replied: 12/29/2010
The Vega Law Firm
The Vega Law Firm | Linda Vega
You should consider obtaining her LPR prior to divorcing. If she is given status with a condition she could have difficulties in keeping her LPR. Please call our office for further help.
Answer Applies to: Texas
Replied: 12/28/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No, your wife cannot stay in the US on a K1 visa if you get a divorce.
Answer Applies to: Tennessee
Replied: 12/28/2010
    Law Office of Baoqin Wang
    Law Office of Baoqin Wang | Baoqin Wang
    If you divorce before she gets the green card, she has to go back to Colombia.
    Answer Applies to: Oregon
    Replied: 12/28/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    She will have a problem when lifting restraints on her status. However, if she proves to be abused or battered, she can self petition. Good luck! If you need help, feel free to contact.
    Answer Applies to: Florida
    Replied: 12/27/2010
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    It depends she really should not be able to but there are ways around it.
    Answer Applies to: Florida
    Replied: 12/27/2010
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, but you should first go for the interview with your wife and sign the USCIS documents for eliminating the conditional recognition status of the marriage before you initiate any divorce action.
    Answer Applies to: Virginia
    Replied: 12/27/2010
    Messing Law Offices, P.L.C.
    Messing Law Offices, P.L.C. | John Messing
    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.
    Answer Applies to: Arizona
    Replied: 12/27/2010
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