Legal Question in Immigration Law in Virginia

Re: Married to K1 Fiance and need to divorce

Dear Mr. Mosely,

First of all, what is the nationality of your wife?

When did you get married? There are several ways a K1 visa could be cancelled and the holder deported under US Immigration Laws but I would need more facts from you. You may wish to reply directly to my email address at [email protected].

Yours truly,

Atty. Rainier Mamangun

Re: Married to K1 Fiance and need to divorce

I do not have an answer about all your questions

on immigration. But you do not need your wife's

agreement or signature to get divorced. You do

not need to wait for her to sign anything. Of

course, the easy and cheap way to get divorced

would be if she signed and agreed to it. But

you do not need her to agree to get divorced.

You WOULD have to move out and live separate

and apart for 1 year. Or, alternatively, threats

of physical violence might be grounds for a

divorce sooner.

I don't know what she means by she's going to

hurt you. Of course you have to consider that,

and perhaps take legal steps if that is a real

concern.

In general, it seems like she has a misunderstanding of the situation. The INS

(now CIS) will automatically assume that every

marriage to a U.S. citizen is NOT genuine until

they are convinced otherwise. So if anything

goes wrong with the marriage, she will not enjoy

legal status in the U.S.

Of course threats and legal matters is not the

way to repair a relationship. But it might help

a little if she understands that you must

approach the relationship on equal terms, and

she cannot take advantage of you. I would not

make her feel pressured, either. But she has

the burden of proving that for at least 3 years

the marriage continued as real and solid. In

3 years, the INS (CIS) will investigate whether

the marriage was genuine for those 3 years. If

not, the INS will not recognize it as real.

Re: Married to K1 Fiance and need to divorce

The issue is not the K1 fiance visa(which, apparently was granted under conditions which were factually accurate at the time), but the pending I-130 petition under which you're now sponsoring the AOS(Adjustment of Status)of your wife to so-called "green card" or LPR (lawful permanent resident)status and the I-485(Affidavit of Support).

You have the absolute right to inform the USCIS

that you are now withdrawing your sponsorship of

the petition and affidavit of support for whatever reaons which you deem are appropriate

including the fact that you now are actively considering divorce and any applicable grounds which you may wish to mention in support thereof.

Additionally, when informed of the interview date with the USCIS representative which is designed to test the legitimacy of the marriage(for immigration purposes), you could also appear and simply inform this person of the above and hand him or her your written statement for the record.

Your wife's AOS will not be approved and she will have to resort to some other remedy in the U.S. immigration law, if any, in order to remain in our country.

Regarding as to when you may file for divorce and under what circumstances, I concur in the

advice which Mr. Moseley has already offered.