The K1 Visa is exclusively given to fiancées who come to the U.S. to get married. U.S. immigration services requires the K1 fiancée to marry his/her partner within 90 days of arrival on U.S. soil. After getting married, the couple must file for Adjustment of Status.
K1 fiancées looking for a divorce before the Adjustment of Status is approved can get divorced provided all criteria are met. The rules have substantially changed in favor of foreign nationals who want to get divorced from their American partners.
It is expected that the new laws and rules will help K1 fiancées get a green card after a smooth and easy divorce on American soil.
The Board of Immigration Appeals recently ruled that K1 fiancées are eligible for a green card even if they get divorced before the Adjustment of Status application is finalized. The new rule helps individuals who want to obtain a green card after their marriage ends.
Earlier, the only way that could be obtained was through a marriage with an American citizen for a certain period of time. Now, the green card can be provided through the person who filed the K1 petition. However, K1 visa is restricted to fiancées and cannot be changed to H-1B or student visa.
The Board of Immigration Appeals has also requires that the fiancées demonstrate that the marriage occurred in good faith and was willfully done by the individual.
Should you be in the midst of a divorce or contemplating divorce, contact the Law Offices of Renee Lazar either through email or telephone 978-844-4095 to schedule a FREE no obligation confidential consultation.