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Divorce and remarry before adjustment interview

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  • Divorce and remarry before adjustment interview

    Hello - I went through my own immigration process and trying to help a friend get some info. She’s a US citizen who petitioned a K1 for her husband. They had some marital issues, ended up divorcing and now reconciled. All the while the adjustment application was still pending. Does the divorce nullify the adjustment application? My only thought is the application is to be filed after marriage and in this case once they remarry they would have filed before marriage. If the application is now void would the best option be to resubmit the K1 or file a family based adjustment or just go to the interview and explain the situation which is obviously a big set up for a possible denial. I’m sure she will end up getting an attorney to help but just curious of any thoughts or similar stories.

  • #2
    Matter of Sesay says that Adjustment of Status for K1 can be approved even if the people divorced (as long as the petitioner is still willing to do I-864, which is true in this case as they have reconciled), so it seems like the existing application might be okay.

    Even if they have to re-file, they would still re-file I-485 based on entry on K-1 and marriage within 90 days of entry, without needing to file an I-130.

    This is my personal opinion and is not to be construed as legal advice.

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