Is there going to be a problem in obtaining a green card if I divorce?

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Is there going to be a problem in obtaining a green card if I divorce?

I came into the U.S. through a K1 visa. I was married for 4 years and have 2 kids with my U.S. citizen soon-to-be ex-husband. I haven’t started the adjustment of status but will start the process after the divorce.

Asked on February 8, 2018 under Immigration Law, North Carolina

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you entered the US on a fiancee visa and married the petitioner that is the only basis for your adjustment of status-- through the petitioning spouse.  If you get divorced from the spouse who initially petitioned for your K-1 visa, you are out of luck because you cannot obtain a green card through any other means without first departing the US and then returning on the basis of some other petition.  Your kids are not old enough to petition you until one of them turns 21.  Why didn't you file for adjustment of status right after you got married????


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