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K-1 visa plz help me

Discussion in 'General K Visas and Related Issues' started by Moebee, Jun 2, 2016.

  1. Moebee

    Moebee New Member

    I'm a us citizen I married a women in Pakistan . We did all the paper work and she got the visa ..I went and pick her up and brought her back with me to live in the United States. Its only been 3 months here in USA with her and we both agreed to get divorced. We are separated now waiting til the divorce is finalized by the courts . They said it can take 5 months but now I'm finding out I still have to support her because of Affidavit of Support. How do I get out that? Also i will not fill out the I-751 for her. What happens to her? Thanks Moe
     
  2. newacct

    newacct Well-Known Member

    Where in the process is it? Is Adjustment of Status (I-485) pending? Or has I-485 already been approved? Also, your description is inconsistent as you said you married a woman and then she got a fiance visa, but fiance visas are for fiances, i.e. unmarried people.
     
  3. 1AurCitizen

    1AurCitizen Registered Users (C)

    If you married someone overseas and petitioned her, she's likely here on a CR-1. That said, if she returns to her home country after the divorce is granted, the Affidavit of Support will no longer be binding on you.
     
  4. Moebee

    Moebee New Member

    Ok sorry to be clear ,he's right it was a cr-1 and not a fiancé visa.
    Everything got approved , I petitioned for her. We got divorced and waiting for the judge to sign off on it but what I'm saying this is before the 2 year anniversary. we was suppose to sign a I-751 together but now I'm not signing nothing as we going be divorced. She saying she will never go back to her country. Now I read something that said divorce does not terminate a very important financial contract, if one of them is a foreign national who obtained lawful permanent residency through the marriage. That contract is the Affidavit of Support, U.S. Citizenship and Immigration Services Form I-864, governed by the Immigration and Nationality Act, Section 213A.
     
    Last edited by a moderator: Jun 3, 2016
  5. newacct

    newacct Well-Known Member

    Yes, divorce does not terminate your obligations under the Affidavit of Support. She became a permanent resident the moment she entered the US and you cannot take back the Affidavit of Support. Petitioning somebody for immigration is a serious commitment and you should not have signed the Affidavit of Support if you didn't want to take the risk that marriages don't always work out.

    She can do Removal of Conditions (I-751) on her own after divorce. Your best hope is that she becomes a US citizen as soon as possible, as that will terminate your obligations under the Affidavit of Support.

    Also, note that even if you do not fulfill your obligations under the Affidavit of Support (to provide her with enough income to meet the poverty level if she herself doesn't meet that level), it will most likely still not affect you. The only ways in which it can affect you are: 1) if she sues you (which is unlikely because it is expensive to sue in federal court), or 2) if she uses a need-based government benefit and the state government sues you for the costs (which is also unlikely because pretty much no states are doing this or considering doing this, due to the costs, etc).
     
  6. 1AurCitizen

    1AurCitizen Registered Users (C)

    Any reason why she wouldn't want to return back home if she has family there, and will no longer be married to the USC?

    And I suppose the financial obligations don't cease until a set of conditions are met, married or divorced.
     
  7. Moebee

    Moebee New Member

    She told me she's going to try on her own and find someone better then me . I guess it's a ego thing
     
  8. Moebee

    Moebee New Member

    What if she gets denied for the removal of conditions (I-751 ) as she has to prove the marriage was in good faith.

    What happens then?
     
  9. newacct

    newacct Well-Known Member

    That's her problem to worry about, not yours. Her immigration issues are between her and the government.

    You guys married not as an attempt to deceive immigration right? That means the marriage was in good faith; why do you think she will be denied? Anyway, even if it is denied, it can be applied again to the immigration judge when in removal proceedings.
     
  10. 1AurCitizen

    1AurCitizen Registered Users (C)

    Maybe it's an Asian thing.
    I've seen numerous instances of "any which way to get to the US". I assume yours was a marriage in good faith.
     
  11. Moebee

    Moebee New Member

    Lol
     
  12. Moebee

    Moebee New Member

    I understand it's her problem but I'm on still on the hook to support her . I can't keep track of her
     
  13. 1AurCitizen

    1AurCitizen Registered Users (C)

    Don't see how you can legally support her if she's untrackable. You have rights too.
    Is she absconding?
     

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