What Happens if I Enter the U.S. on a K-1 but Divorce my U.S. Citizen Spouse While my Green Card Petition is Still Pending?
Getting a divorce after your US citizen spouse has petitioned for your green card, generally means you will need to withdraw the petition. However, if you entered the US on a K-1, you may not have to withdraw and may still be able to adjust even after divorce.
If you get divorced after marrying within the 90-day period and filing for adjustment of status, you—the K-1 holder—may still obtain legal permanent resident status. This is because the language of INA 245(d) requires USCIS to adjust K-1’s to conditional residents “as a result of the marriage.”
However, the I-864 Affidavit of Support remains an issue. If your former spouse withdraws their affidavit of support, USCIS may deny your adjustment of status petition. Therefore, it is imperative that you consult an experienced attorney if you find yourself in this situation.
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