What can I do now while I am still in the middle of the process?
It’s unfortunate that these events happen, and if you’re going through this process, we are very sorry to hear that. But there is still a possibility you can become a legal, permanent U.S. Citizen!
If you entered the United States on a Fiance Visa (K-1 Visa), married your USC fiance, but were divorced before your adjustment of status application was approved, it is possible your adjustment of status application is still approvable.
What If My Spouse Withdraws or Never Filed Form I-864?
There is one major caveat to this general rule. The K-1 spouse may adjust their status but only if the I-864, Affidavit of Support, is filed or remains filed by the original spouse, with the exceptions of the death of the spouse or abuse. If the USC (United States Citizen) fiance either withdrawals the I-864 in writing to USCIS prior to the adjustment of status, or never filed form I-864, the K-1 spouse is inadmissible under the public charge rule, and will have their adjustment of status application denied by USCIS.
The controlling case law is Matter of Sesay, 25 I&N Dec. 431, 441-44 (BIA 2011), and Matter of Song, 27 I&N Dec. 488 (BIA 2018).
Summary:
If you entered the US on a K-1 Visa, and filed your adjustment of status application before divorcing your spouse, you may be eligible to still become a legal permanent resident.
Sojourner Law is a law firm dedicated to serving immigrants and refugees in Pittsburgh, PA, the greater Pittsburgh Region, and the Arlington/D.C. area through Immigration Law and Removal Defense/Asylum.
We are a husband and wife team dedicated to serving each client with excellence, honor, and client advocacy for each legal need.
Together, we are committed to serving our refugee and immigrant neighbors by providing high-quality legal representation and advocating for them on their journey towards permanent residency, family reunification, and citizenship.
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