Legal Question in Immigration Law in California
K-1 applicant wishes to divorce spouse
Hello,
I married my wife through k-1 petition for about a year now. We are no longer compatible for each other no matter how hard we try to make our marriage work. I wish to divorce her, except that INS has a 3 year marriage requirement thing. I can't wait that long. Can we split up, but not actually getting an actual divorce until three years later? She wants me to have everything, and she wishes to live with her friend. What happens if INS finds out that we are not living together, am I or both of us going to be in trouble? Thanks for your help.
Anonymous
3 Answers from Attorneys
Re: K-1 applicant wishes to divorce spouse
Not sure from your Q if you're the alien spouse or your wife. Doesn't matter. Basically, the waiver that an attorney has mentioned is not easy to obtain. In my view, you two need to be married when you apply for the I-751 removal of the condition on the green card. If you're not married at that time, the waiver is difficult to get, and the alien spouse will lose his or her status and be deported.
Liem Doan, Esq.
Note: The above response is provided for legal information only and is
not legal advice. Such advice can only be rendered after an
attorney-client relationship has been expressly established.
Re: K-1 applicant wishes to divorce spouse
do you already have your conditional permanent residence? If so, all you need to do is prove to them that it was always a legitimate marriage and that you are just divorcing. I don't know what you are speaking of with this 3 year requirement. Feel free to e-mail me if you want to discuss further. [email protected]
Re: K-1 applicant wishes to divorce spouse
Thank you for your inquiry. The answer to your question depends upon whether or not you have been granted conditional permanent residency. If you have you may file for divorce and apply for a waiver of the joint petition (to remove the condition) requirements. If you have not as yet been granted conditional residency you will not be allowed to obtain your green card without your spouse's support.
Please feel free to contact me directly if you have further questions. I may be reached at 619.233.0900.
Sincerely,
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