What to do if I divorce before the adjustement of status under aK-1 visa?

UPDATED: Dec 16, 2011

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What to do if I divorce before the adjustement of status under aK-1 visa?

I came in the US with a K-1 visa and got married to an US citizen 2 months ago. However I have discovered he was cheating on me even before the wedding, so he asked for divorce before we applied for adjustment of status. I am an engineer. Is there any way to apply for a green card than through the K-1 as I have left my job for him and it will be very difficult to find another one in my country. I can prove that the marriage was bona fide.

Asked on December 16, 2011 under Immigration Law, California


Dustin Bankston / Bankston Immigration Law Office

Answered 10 years ago | Contributor

I believe that you will need to be married in order to adjust status.  If you can prove the marriage is bona fide, you may get a divorce and ask for a waiver based on dissolution of the marriage when it comes time to remove the condition on your green card.  However, you should adjust status before you get a divorce.

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