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What happens if you get a divorce after getting a K-1 visa?

Divorce can complicate the immigration process for those who enter the United States on a K-1 visa. In Texas, understanding the implications of a divorce after obtaining a K-1 visa is helpful for both parties involved, so they know what to expect after their marriage ends.

Status adjustment complications

A K-1 visa allows a foreign fiancé(e) to enter the United States and marry their U.S. citizen sponsor within 90 days. After marriage, the foreign spouse applies for a green card (permanent residency). If you divorce before adjusting your status, it can jeopardize your ability to obtain a green card. Without the marriage, you may not be eligible to stay in the U.S.

Conditional green card

If you have already obtained a conditional green card, which is valid for two years, a divorce can still impact your residency status. Typically, both spouses must file a joint petition to remove the conditions on the green card.

Waivers and proving good faith

To stay in the U.S. after a divorce, you must prove that your marriage was legitimate and not solely for immigration purposes. You may apply for a waiver by providing evidence such as joint financial records, photographs, and affidavits from friends and family.

Navigating post-divorce immigration

Going through a divorce is never easy, and adding immigration issues on top of everything can further complicate matters. However, understanding the implications and taking necessary steps, can help you navigate this challenging situation. Staying informed and proactive is key to managing your immigration status post-divorce.

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