I could really use some advice about getting divorced before adjustment of status

[belial259]

Hi guys.

Long story short. Came to America on a K-1 Visa in November 2014 and was married December 2014. Submitted I-485 which was received in March 2015. USCIS send notification of my interview which was to be on September 16th 2015 at the Portland Office.

Upon being told of this news my very abusive US Citizen spouse immediately began filing for divorce and refuses to go to the interview and has sent a letter to USCIS trying to cancel my I-485 application.

After doing some research I discovered there is some legal precedent for still gaining adjustment of status given that I did come here and enter into a bonafide marriage and marry within the 90 day window. I did file my I-485. It seems several people on K-1 Visas have indeed been granted an adjustment of status even though they were divorced from their US Citizen spouse.

Does anyone know anything about this or have any experience with it?

Additionally it would be very helpful if any of you guys knew if it was possible to enforce the I-864 Affidavit of Support against my wife/sponsor if my adjustment of status hasn't been approved yet?

Any help would be very appreciated.

[PKumar01]

waiver?

belial259,
Sorry to hear you're going through something like this.

I've gone through the same situation. And short answer is that, yes you're eligible to get your AOS and get your final 10-year GC.
Although the difference is that my ex had gotten her 2-year conditional by the time the divorce began. So you're in a slightly different situation.

Like you said, the major anchor point for you is that you had a bona-fide marriage. You're eligible for the waiver when you're filing. Good luck, let us know how it turns out.

--Good luck--

[rayb]

When going to your Adjustment interview without your husband, you will be advised of the option to request a waiver from the "joint filing" requirement or to self-petition using form I-360.

--Ray B

Hi guys.

Long story short. Came to America on a K-1 Visa in November 2014 and was married December 2014. Submitted I-485 which was received in March 2015. USCIS send notification of my interview which was to be on September 16th 2015 at the Portland Office.

Upon being told of this news my very abusive US Citizen spouse immediately began filing for divorce and refuses to go to the interview and has sent a letter to USCIS trying to cancel my I-485 application.

After doing some research I discovered there is some legal precedent for still gaining adjustment of status given that I did come here and enter into a bonafide marriage and marry within the 90 day window. I did file my I-485. It seems several people on K-1 Visas have indeed been granted an adjustment of status even though they were divorced from their US Citizen spouse.

Does anyone know anything about this or have any experience with it?

Additionally it would be very helpful if any of you guys knew if it was possible to enforce the I-864 Affidavit of Support against my wife/sponsor if my adjustment of status hasn't been approved yet?

Any help would be very appreciated.