Hello everyone,
I came here on a K1 visa in 2006 and married my fiance within ninety days but failed to adjust my status. My marriage ended a year later and we were divorced. I have since met someone else and we have been together for 2 years now but I have a current deportation order by default and realize I am facing a 10 yr ban if I leave the US. Is there any way I will be able to stay here and marry my girlfriend?
K1 overstay |
#2
Harpa Timsah
- Group: Members
- Joined: 20 May 2010
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- Filing Location: Vermont Service Center
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Country:
Israel
Posted 17 August 2012 - 03:33 PM
No; sorry. You can leave and she can petition for you again, you will be denied, and you will file a hardship waiver to overturn the ban.
AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!
ROC:
5/23/12: Sent out package
2/06/13: APPROVED!
8/17/10: INTERVIEW DAY (day 123) APPROVED!!
ROC:
5/23/12: Sent out package
2/06/13: APPROVED!
#3
Anh map
Posted 17 August 2012 - 03:42 PM
There is a decision from the BIA (Board of Immigration Appeals) that does suggest that you may be eligible to adjust status if you marry your current fiance. http://www.justice.g.../vol25/3707.pdf
However, this is not a Do It Yourself circumstance, especially with a deportation order in the mix. You need to consult a QUALIFIED immigration attorney to assess your situation.
*Moved from K1 forum to Adjust Status - Family Visa forum*
However, this is not a Do It Yourself circumstance, especially with a deportation order in the mix. You need to consult a QUALIFIED immigration attorney to assess your situation.
*Moved from K1 forum to Adjust Status - Family Visa forum*
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#4
Que Saudade
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- Joined: 01 Sep 2010
- Filed for: Adjustment of Status (approved)
- Filing Location: California Service Center
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Country:
Brazil
Posted 17 August 2012 - 04:25 PM
First let me say that, (as Anh wisely recommended), with regards to the deportation order that is current and existing, it would behoove you to seek immediate legal counsel from a very well qualified (emphasis added) immigration lawyer. There exists the possibility of being picked up by authorities and then it would be arguably too late.
Second.....In the above mentioned case, there was the fact that the all of the cases cited had previously filed for adjustment. In the case of Sesay, he had an AOS improperly denied because the adjudication had not taken place 2 years from the date of marriage. The couple divorced after that. Then he married another US citizen.
To the OP, the point is that it becomes complicated and the need for an expert in the law of immigration is needed.
Second.....In the above mentioned case, there was the fact that the all of the cases cited had previously filed for adjustment. In the case of Sesay, he had an AOS improperly denied because the adjudication had not taken place 2 years from the date of marriage. The couple divorced after that. Then he married another US citizen.
To the OP, the point is that it becomes complicated and the need for an expert in the law of immigration is needed.
Edited by Que Saudade, 17 August 2012 - 04:27 PM.
"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."
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K1 AOS Guide
Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte
K1 Guides and Info
K1 AOS Guide
Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte
#6
Que Saudade
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Country:
Brazil
Posted 17 August 2012 - 04:45 PM
Read here.Would you know the name of the attorney who handled that case or someone qualified you could recommend?
JimVaPhuong is extremely reputable with his posts. Read what he has to say in that thread.
"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."
K1 Guides and Info
K1 AOS Guide
Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte
K1 Guides and Info
K1 AOS Guide
Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte
#7
@@mirpeArL
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United Arab Emirates
Posted 17 August 2012 - 04:52 PM
Hello everyone,
I came here on a K1 visa in 2006 and married my fiance within ninety days but failed to adjust my status. My marriage ended a year later and we were divorced. I have since met someone else and we have been together for 2 years now but I have a current deportation order by default and realize I am facing a 10 yr ban if I leave the US. Is there any way I will be able to stay here and marry my girlfriend?
why would you put urself in this complicated situation ,you should already know the answer to this question...
#8
Que Saudade
- Group: Members
- Joined: 01 Sep 2010
- Filed for: Adjustment of Status (approved)
- Filing Location: California Service Center
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Country:
Brazil
Posted 17 August 2012 - 05:14 PM
why would you put urself in this complicated situation ,you should already know the answer to this question...
Are you implying the OP willfully and knowing put his self in a legal position of being deported? Well that would be just silly don't you think?
The fact is; he is in this position and he will have to deal with it accordingly.
"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."
K1 Guides and Info
K1 AOS Guide
Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte
K1 Guides and Info
K1 AOS Guide
Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte
#9
Anh map
Posted 17 August 2012 - 05:29 PM
Would you know the name of the attorney who handled that case or someone qualified you could recommend?
From the BIA decision >>> FOR RESPONDENT: Thomas A. Elliot, Esquire, Washington, D.C.
Link to K Visa Required Documents in HCMC
Link to CR1 Immigrant Visa Required Documents
Current I-864P Poverty Guidelines
Link to I-864 FAQ
CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946
PLEASE READ THE GUIDES -->> Link to Visa Journey Guides
MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses
Link to CR1 Immigrant Visa Required Documents
Current I-864P Poverty Guidelines
Link to I-864 FAQ
CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946
PLEASE READ THE GUIDES -->> Link to Visa Journey Guides
MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses
#11
mimolicious
- Group: Members
- Joined: 10 Apr 2012
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- Filing Location: Vermont Service Center
- Local Office: Manchester
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Country:
Jordan
Posted 18 August 2012 - 03:47 AM
why would you put urself in this complicated situation ,you should already know the answer to this question...
the OP is looking for advice, not judgments. He knows he made a mistake, no need to rub salt in the wound. I often wonder why people reply to posts only to be critical? If you have no advice to offer why bother leaving a comment?
#12
djricky4
- Group: Members
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Country:
Jamaica
Posted 18 August 2012 - 05:45 AM
this is a really hard situation to be in. I really hope you find some clarity soon and can move on with your life. Definitely needs the service of a Expert lawyer.
Edited by djricky4, 18 August 2012 - 05:46 AM.
AOS
10/16/2012 Mailed I-485, I-765, I-131
10/19/2012 NOA1
11/09/2012 Biometrics Apt @ 3pm
12/25/2012 EAD/AP Approval
01/05/2013 Received EAD/AP in mail
10/16/2012 Mailed I-485, I-765, I-131
10/19/2012 NOA1
11/09/2012 Biometrics Apt @ 3pm
12/25/2012 EAD/AP Approval
01/05/2013 Received EAD/AP in mail
#14
Posted 18 August 2012 - 11:04 AM
With all due respect, the OP thinks immigration process is a joke in the past and ignored the deportation notification......til now.
And he still thinks it's a joke (by asking such serious matter (deportation threat)) here on VJ, a self-help forum.
Most ppl when being charged with a Felony (serious crime) tend not even think about represent themselves in court, even when they're lawyers.
And he still thinks it's a joke (by asking such serious matter (deportation threat)) here on VJ, a self-help forum.
Most ppl when being charged with a Felony (serious crime) tend not even think about represent themselves in court, even when they're lawyers.
Edited by HuklerYenny, 18 August 2012 - 11:05 AM.
#15
Boiler
- Group: Members
- Joined: 13 Jan 2004
- City:Colorado
- Filed for: K-1 Visa
- Filing Location: Nebraska Service Center
- Local Office: Denver
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Country:
Wales
Posted 18 August 2012 - 12:06 PM
The chances are you will need to go home and re-apply and need a waiver.
Edited by Boiler, 18 August 2012 - 12:09 PM.
Nothing I say should in any way be construed as a breach of VJ TOS.
If you misread it that way, read again and do not put any spin on it.
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