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Tech28

Where would we stand? (A Saga)

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How to start this?....

A few years ago I applied for a K1 without any problems, got the visa, went to the US and was married within the legal 90 days.

Due to some very unfortunate unforeseen circumstances, involving my wife being in a very serious car wreck leaving her unable to work, we didn't have the money to go through with the adjustment of status. Days turned into weeks and weeks into months. During this time the situation was only being made worse, as she couldn't work and we were using our savings to live, and not on the adjustment of status.

As this situation developed and became worse and worse, so did the strain on our relationship. My I-94 expired. I continued to stay in the country, and in the relationship for 125 days after the expiration of my I-94. I returned home with the expectation to be able to work again, and raise the funds and apply for a marriage visa.

Due to the previous strain on the relationship, add in the distance, the relationship fell apart. My wife got into trouble with a DUI and lost her license and went downhill from there.

2 years on. We've remained in contact, both our lives are different now, she has done amazingly well to overcome her personal issues and become an all round better person. We have decided that we would like to visit one and other and see how things develop.

I guess the questions below need to be answered before we give things any serious consideration.

  1. We never divorced. I guess we both figured eventually things might work out....
  2. Where do we stand legally?
  3. Can I attempt a visitors visa on landing in the US (from the UK, with proof of ties in the UK, job etc...)
  4. If yes, could I do that on a regular basis as long as I was within 6 months?
  5. If we did decide to take things further... how would we progress from separated to me being able to get a marriage visa to live/work in the US?

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  1. We never divorced. I guess we both figured eventually things might work out....
  2. Where do we stand legally?
  3. Can I attempt a visitors visa on landing in the US (from the UK, with proof of ties in the UK, job etc...)
  4. If yes, could I do that on a regular basis as long as I was within 6 months?
  5. If we did decide to take things further... how would we progress from separated to me being able to get a marriage visa to live/work in the US?

Obviously, you are in quite a sticky situation. I think your best route might be to involve and immigration lawyer as this is quite complicated. Here's what I can offer you for advice.

1 and 2. You are legally married - recognized by both the US and UK. If you end the relationship, get a divorce. If you don't, then stay married.

3. You will not be allowed to enter on the VWP because of your overstay. You will have to apply for a visa to visit, and your overstay may be questioned. Because you overstayed by less than 180 days, you should not receive a ban.

4. See answer 3 - you'll need a visa and will have to obey the conditions of that visa.

5. You would be able to apply for an IR-1/CR-1 as a spouse, as you are one. However, be advised that your relationship will be questioned given the chaos that ensued after you entered on a K-1. Your overstay will also raise red flags. Again, a lawyer might be preferable here.

Edited by BaBamSam

I am the USC/petitioner.

Our K-1 Journey
12/19/2012 - Mailed I-129F via USPS Express
12/21/2012 - I-129F arrives in Lewisville, TX according to USPS tracking (delayed because it's the USPS)
12/21/2012 - NOA1 date of receipt
12/26/2012 - NOA1 received via text/email
12/27/2012 - Checked cashed by USCIS
12/31/2012 - Alien Number changed (NOA1 hardcopy in post, but was away for 2 weeks prior)

05/16/2013 - NOA2 received via text/email

05/20/2013 - NOA2 hardcopy received in post

05/28/2013 - NVC receives packet and assigns London case number

07/15/2013 - Sent all paperwork/medical complete

08/23/2013 - Receive Interview Date

09/19/2013 - Interview

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