Legal Question in Immigration Law in Texas

I brought my fiancé in on a fiancé visa. The marriage is not going to work. I have not filed a form 485. Can we part ways and she goes back to her country and I file a divorce? I am in Texas. Is there any legal issues with the government. Please help me.

Asked on 10/07/17, 3:20 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Although I cannot advise you on the Family Law issues, as that is regulated by State law, I can advise you on the immigration issue(s). Since she entered on a fiance visa, if she does not file for adjustment of status based on her marriage to you, then she must return home. USCIS prohibits any application for subsequent adjustment of status for any individual who entered in K-1 status, other than based on marriage to the K-1 petitioner, unless she files under VAWA and can prove that you have been an abusive spouse. As for any legal ramifications against yourself, I don't see that petitioning her for a K-1 would have any affect, adverse or otherwise, since it appears that no fraud on your part was involved. As for the "divorce" issues, you would need to consult with a Family Law attorney in Texas. Sorry to hear that things didn't work out. Good luck.

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Answered on 10/08/17, 8:24 am

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