Divorcing after 1 week (K1-visa)

[Decoj]

Hello,

My fiancee came to USA about two months ago. We got married recently. Yesterday we had a major issue and it feels as if it can't be repaired. We want to finish this relation. We want to get a divorced.

I did not file or send the package with the I485F. We were supposed to send it no later than the end of this month.

When her 90 days is up, do I need to contact the immigration dept. to let them know we decided not continue with the rest of the process? My assumption is that she will need to leave the country immediately right? How about the divorce process? Can we process the divorce while she goes back to her country?

Thank you very much.

Note:

I am the petitioner (USC).

[nichole]

If you don't intend to file for the greencard, it's best for her to leave before her 90 days are up. Consult a divorce lawyer to ask about the details of a divorce with one party out of the country. That's not an immigration issue. A pending divorce doesn't give her permission to remain past 90 days.

I did not file or send the package with the I485F. We were supposed to send it no later than the end of this month.

Concerning this--the I-485 does not have to be filed within 90 days. The only terms of the visa are to marry within 90 days. If you file, the overstay past 90 days (on her I-94) is forgiven if the greencard is approved.

[Decoj]

If you don't intend to file for the greencard, it's best for her to leave before her 90 days are up. Consult a divorce lawyer to ask about the details of a divorce with one party out of the country. That's not an immigration issue. A pending divorce doesn't give her permission to remain past 90 days.




Concerning this--the I-485 does not have to be filed within 90 days. The only terms of the visa are to marry within 90 days. If you file, the overstay past 90 days (on her I-94) is forgiven if the greencard is approved.

Thanks