K-1 But no Marriage

[doreen212 0]

Does anyone know a case of a CUBAN who came on a K-1 but then did not get married?

a- did they get shipped back to Cuba?

b- did they get some other sort of provisional status to stay in the US (since Cuban Adjustment Act requires 1 yr/1day)?

c) came in on K-1 and went to immigration to get CAA before the 90 days were up?

d) came in on K-1 and went to immigration 366 days later to get CAA

Hubby's friend got here on a K-1 visa from Cuba. Couple doesn't want to get married. Usually, the deal is that the Cuban is supposed to go back to Cuba (after the 90 days they're illegally here). But since Cuba has such different regs than other countries, we want to know if he can go claim the Cuban Adjustment Act (CAA) and HOW.

Attorneys say there's no way to adjust K-1 to anything. But they can't advise someone to stay illegally. CAA says that the person has to be here 365 days, then can claim it. I called immigration, and asked what happens between months 4-12? They just said nothing...can't work. I said, so they're wandering the street illegally for 9 months? Answer: basically. Immigration said any AOS can be denied, it's all the discretion of immigration. But I looked up some denials and only found denials based on less than one year here or b/c they committed a drug or violent crime. I asked if they should go to immigration and "turn themselves in" now. They said that the person could do that if they wanted to be deported.

Anyone know anyone with real-life experience with a CUBAN???

[desert_fox 32]

I would believe the attorney. As far as I know, you cannot change from a K1 to any other status.

[Jasman0717 8]

Too complex for me, I suggest you seek legal assistance

[stinger157 0]

Does anyone know a case of a CUBAN who came on a K-1 but then did not get married?

a- did they get shipped back to Cuba?

b- did they get some other sort of provisional status to stay in the US (since Cuban Adjustment Act requires 1 yr/1day)?

c) came in on K-1 and went to immigration to get CAA before the 90 days were up?

d) came in on K-1 and went to immigration 366 days later to get CAA

Hubby's friend got here on a K-1 visa from Cuba. Couple doesn't want to get married. Usually, the deal is that the Cuban is supposed to go back to Cuba (after the 90 days they're illegally here). But since Cuba has such different regs than other countries, we want to know if he can go claim the Cuban Adjustment Act (CAA) and HOW.

Attorneys say there's no way to adjust K-1 to anything. But they can't advise someone to stay illegally. CAA says that the person has to be here 365 days, then can claim it. I called immigration, and asked what happens between months 4-12? They just said nothing...can't work. I said, so they're wandering the street illegally for 9 months? Answer: basically. Immigration said any AOS can be denied, it's all the discretion of immigration. But I looked up some denials and only found denials based on less than one year here or b/c they committed a drug or violent crime. I asked if they should go to immigration and "turn themselves in" now. They said that the person could do that if they wanted to be deported.

Anyone know anyone with real-life experience with a CUBAN???

In my understanding that would be fraud. Like any other marriage related activity that leads to the point that someone who hasn't the intention to marry, is crossing the border. And the person supporting this action by filing papers should be punished with everything possible. I don't have any understanding for such a behaviour and the misuse of visas.

[thekatocat 0]

Does anyone know a case of a CUBAN who came on a K-1 but then did not get married?

a- did they get shipped back to Cuba?

b- did they get some other sort of provisional status to stay in the US (since Cuban Adjustment Act requires 1 yr/1day)?

c) came in on K-1 and went to immigration to get CAA before the 90 days were up?

d) came in on K-1 and went to immigration 366 days later to get CAA

Hubby's friend got here on a K-1 visa from Cuba. Couple doesn't want to get married. Usually, the deal is that the Cuban is supposed to go back to Cuba (after the 90 days they're illegally here). But since Cuba has such different regs than other countries, we want to know if he can go claim the Cuban Adjustment Act (CAA) and HOW.

Attorneys say there's no way to adjust K-1 to anything. But they can't advise someone to stay illegally. CAA says that the person has to be here 365 days, then can claim it. I called immigration, and asked what happens between months 4-12? They just said nothing...can't work. I said, so they're wandering the street illegally for 9 months? Answer: basically. Immigration said any AOS can be denied, it's all the discretion of immigration. But I looked up some denials and only found denials based on less than one year here or b/c they committed a drug or violent crime. I asked if they should go to immigration and "turn themselves in" now. They said that the person could do that if they wanted to be deported.

Anyone know anyone with real-life experience with a CUBAN???

Hi OP,

did you ever get an answer to this I am also in a similar situation. You can PM me as well.

thanks

[Nik+Heather 121]

Actually, since they didn't marry, the petitioner is not responsible for the K-1 beneficiary. There's no I-864 to worry about, so there's no skin off the petitioner's nose if the K-1-er stays here and finds some way to make it permanent - If the CAA lets them do it, why worry? If not, then they can't adjust any other way. I think the best advice is to separate and go on with life without trying to impose on this person's life any more.

Edited August 25, 2010 by Nik+Heather

[JimVaPhuong 4,863]

It's difficult to say. The Administrative Appeals Board of USCIS has not been consistent about this. Here are some examples.

http://www.uscis.gov/err/A2%20-%20Certification%20of%20Cuban%20Adjustment/Decisions_Issued_in_2006/May232006_01A2caa.pdf

In the above case, the Cuban came to the US on a K1 visa, married his USC petitioner, but did not adjust status based on the marriage. After more than a year in the US, the Cuban applied for adjustment of status based on the CAA. The field office director initially denied the application, citing section 245(d) which doesn't permit USCIS to adjust a K1's status based on anything other than marriage to the K1 petitioner. The AAO said that 245(d) only applied to K1's who were adjusting status under subsection (a), which is immediate relative of a US citizen. They determined this didn't apply to someone adjusting under section 1 of the CAA. They overturned the director's decision, and approved the adjustment of status.

On the other hand...

http://www.uscis.gov/err/A2%20-%20Certification%20of%20Cuban%20Adjustment/Decisions_Issued_in_2009/Apr062009_01A2caa.pdf

In the above case, an alien from the Dominican Republic came to the US on a K1 visa, married the US petitioner, got a conditional green card, and subsequently divorced the USC 15 years later. She never filed an I-751 to remove conditions on her green card. Consequently, her status was terminated in 1996.

Now, it gets really complicated...

She remarried to an alien that entered illegally, and her new husband had adjusted status supposedly based on the Nicaraguan Adjustment and Central American Relieve Act (NACARA). The applicant's attorney said this isn't true - the NACARA didn't exist in 1993 when the girl's new husband initially adjusted status, and that USCIS was basing their accusation on an erroneously printed green card. They claimed her new husband DID adjust status based on the CAA.

The AAO determined it didn't matter whether he adjusted based on NACARA or the CAA - the fact is that he was ELIGIBLE to adjust under the CAA, and that made HER eligible to adjust as his wife.

Here's the kicker...

The AAO rejected the director's decision that she was ineligible to adjust based on the CAA, but instead of approving her AOS they sent it back to the field office for readjudication. Why? Because she originally entered on a K1, and never received unconditional permanent residence based on that original marriage. They suggested in a not too subtle manner that the field office director reconsider her eligibility in light of the K1 restrictions in section 245(d) of the INA. In other words, they were basically saying that the field office director was right to deny her, but he used the wrong reason.

This second case was from April of last year, so they haven't firmly resolved whether the CAA overrides the K1 entry in every possible circumstance. My guess is that it probably depends on the immigration officer because adjustment under the CAA is still discretionary. If they deny because of the K1 entry then you could always cite the first case above as a precedent in your appeal.

[Claudia2010 1]

I dont know if you ever got a real answer for your question but its different for cuban the k1 because yes most of the time they can adjust their status after 366 days..which is the normal time for any person who enters the country legally..thats why is considered one of the highest level of fraud countries because we have some many ways around the legal stuff..