K1 Marriage failed. Adjustment of status still pending

[Lillyy]

Hi everyone,

After coming with k1 visa, being married for only 2 mounths, my partner admitted that he had feelings for someone else, and that he cheated on me ,and that he made a mistake marring me.

He proposed to do an annulment of our marriage.

My situation now :
I sent my adjustment of status 2 mounths ago, and still waiting for my work and travel permit, and green card that will take even longer.

I want to talk to a specialist
- To know my rights,and know what are the options I have: if I can stay in USA or come back to my country where I left everything I had ( job, good social status etc).

- Is there a way to get my green card other than the marriage?

-Is divorce or annulment better for me?

[Totellthetruth]

Hi everyone,

After coming with k1 visa, being married for only 2 mounths, my partner admitted that he had feelings for someone else, and that he cheated on me ,and that he made a mistake marring me.

He proposed to do an annulment of our marriage.

My situation now :
I sent my adjustment of status 2 mounths ago, and still waiting for my work and travel permit, and green card that will take even longer.

I want to talk to a specialist
- To know my rights,and know what are the options I have: if I can stay in USA or come back to my country where I left everything I had ( job, good social status etc).

- Is there a way to get my green card other than the marriage?

-Is divorce or annulment better for me?

Hi

I do feel for you and it was not very nice of him for what he did to you ...BUT DONT PANIC because YOU ARE NOT ALONE ....
..
Since you came to U.S as K-1 visa and you got married and Applied for Adjustment of Status proudly you may have chances to continue for your case.

in that case what you may need to :

1- Apply for VAWA : if you have been abused by your u.s citizen spouse than you can file VAWA and once its approved than you can file to self -petition for your AOS but for that you need to show evidence

2- Evidence of bona fide marriage : if your marriage ended due to no fault of your own ,you may be able to file for AOS if you have evidence of bona fide marriage but you still need to show your evidence of bona fide marriage

3- Extreme hardship waiver : you need to prove that a qualifying relative as a member of the immigrant-applicant who is a u,s citzen or LPR would suffer extreme hardship if the immigrant applicant were to be denied or removed from u.s.

So my best advice would be :

1- DONT SIGN ANY DIVORCE PAPERS

2- DONT SIGN ANY ANNULMENT PAPERS


GET A GOOD IMMIGRATION LAWYER AND DO THAT AS SOON AS POSSIBLE


God is with you and you will make it


Good luck

[newacct]

Hi everyone,

After coming with k1 visa, being married for only 2 mounths, my partner admitted that he had feelings for someone else, and that he cheated on me ,and that he made a mistake marring me.

He proposed to do an annulment of our marriage.

My situation now :
I sent my adjustment of status 2 mounths ago, and still waiting for my work and travel permit, and green card that will take even longer.

I want to talk to a specialist
- To know my rights,and know what are the options I have: if I can stay in USA or come back to my country where I left everything I had ( job, good social status etc).

- Is there a way to get my green card other than the marriage?

-Is divorce or annulment better for me?

I doubt he can get an annulment based on what you described; annulments are for marriages that are not void to begin with. But he can get a divorce if he wants; you can't stop him from getting a divorce.

Normally, if a marriage ends while a marriage-based AOS is pending, the AOS can't be approved. There is a slight exception for AOS from K1. Matter of Sesay ruled that AOS from K1 where you married within the 90 days can still be approved even if the marriage ends before AOS is approved, if the marriage was bona fide. I am not sure how likely it would work for a marriage that is as short as yours. Also, for this to work, he would have to not withdraw his I-864 Affidavit of Support; if he withdraws I-864, your AOS can't be approved. So it would still require his cooperation.