Complicated case

[diadromous mermaid 36]

The 2007 Case in Houston that you are citing is a case involving a "border jumping shopper" that was able to adjust based upon a valid I-130. This cannot be equated to a K visa entrant where the K visa is specifically, and by law restricted to adjustment through the initial petitioner. The same? I think not!

Case law as pointed out indicates only that she is not eligible to adjust status based on her old visa. She IS eligible if a new I130 petition is filed (don't leave out "classes of aliens eligible). They will be treated as a legal arrival / followed by overstay and marriage to USC. Requires new I130, new I485, and probably an I485 supplement A with a $1000 penalty payment (not sure about the exact requirements of the 3rd but that is typical for marriage to USC after a significant overstay or beneficiary working illegally in the US after entry). Eligibility for status adjustment is based on the new I130 petition and marriage to the petitioner. After that it is a wait and see game - the case will stand or fall on its own merits. Interview will be at the local US office with jurisdiction over their residence (not in the beneficiary's country, where does that come from?). You should probably advise your friend not to leave the US for any reason until the case is processed.

Disclaimer: This process is based on a known 2007 case in Houston of a 4-year overstay and subsequent marriage to USC. Initial entry was on border pass for "shopping". Beneficiary entered, worked illegally during the (4) year period, and never looked back. Case was approved. This may not be completely applicable to the particular case above. Couple in referenced case used the "Johnny Cochran" of immigration attorneys aka the best one they could locate and it is advisable for couples with "sticky cases" to do the same lol

H to all,

My friend's spouse first came to the U.S. on a K-3 visa 5 yrs ago sponsored by someone else but their marriage didn't work so they divorced and my friend's spouse never adjust her status.

Is she eligible to adjust her status with her new husband?

any similar case?

Her new husband would need to file a I-130 along with the AOS. see guide http://www.visajourney.com/forums/index.ph...page=i130guide2

That sounds like it would work but I'd consult a qualified immigration attorney first.

Won't happen. If she never adjusted status based upon marriage with the frirst husband, she cannot adjust status with a new hubby. This is true for K-1 and K-3. He can file the I-130 for the new spouse, but the interview will be in the foreign country. Dont asccumulate illegal presencde or you will received a ban for re-entry without a waiver.

[lucyrich 19]

wow, this case is really complicated,

hopefully we cant get some more info about this case, one more thing they have a baby here already thats why returning to the country of her origin is not her option.

thanks a lot guys

It's really not that complicated at all. 8 CFR 245.1 c, as quoted by desert_fox above, makes it clear that there can be no adjustment of status for someone who entered on a K-3 visa except through marriage to the original petitioner. Period. Adjustment of status is not an available option. (And the quoted case above of someone who adjusted status from something other than a K-3 visa is irrelevant to this point).

The one possibility I can think of for gaining status without leaving the US is that, after she's been here 10 years, if she's been placed in removal proceedings, she just might be eligible for cancellation of removal under INA 240A(B). This would not be an easy case, and the cost of failure would be high.

The straightforward route would be to leave the US, apply for a visa based on the new marriage, and perhaps apply for a waiver if she's accumulated too much illegal presence. I'd still expect they'd look at the case with a skeptical eye, because she used the K visa process once to gain entry to the US.

If the purpose of the original immigration was to support the marriage, then as soon as the marriage ended, there would have been no reason to stay in the US. But if the purpose of the original marriage was to support the immigration, staying in the US after the marriage ended would have been a logical thing to do. But marrying for immigration purposes is illegal and carries a lifetime ban. She'll have to show she didn't do that.

[geezer 1]

H to all,

My friend's spouse first came to the U.S. on a K-3 visa 5 yrs ago sponsored by someone else but their marriage didn't work so they divorced and my friend's spouse never adjust her status.

Is she eligible to adjust her status with her new husband?

any similar case?

Have your friend contact an attorney.

[sachinky 464]

Get a lawyer.

Logic tells me that AOS won't be permitted because the K-3 can only adjust status based only on her marriage to the original USC petitioner.

Best to go with the CR-1 route. A waiver might be required depending on her overstay.

[JimVaPhuong 4,863]

Get a lawyer.

Logic tells me that AOS won't be permitted because the K-3 can only adjust status based only on her marriage to the original USC petitioner.

Best to go with the CR-1 route. A waiver might be required depending on her overstay.

Uhh... This thread is almost a year old. What prompted you to dig it up now?

[letsgoheat 0]

got an update.

Its a miracle, they pass the interview. no question ask about her old k-3 visa.

for now on don't believe on this lawyers, we went to rreeves,gurfincel,.