Change of status

[John_Pitt 0]

I came to the US on a K1 visa in 2001, and then I got married and applied for change of status and work authorization. After a few months things did not work very well. My ex-wife left me, she sent a letter to USCIS and lied about our marriage and she canceled my change of status. A year later I met my wife and we have been together for over 10 years without any changes in my legal status. I wanted to change my status but the 10 years bar is what stopped me from doing so. A family member just told me that I should be eligible for TPS since I am from Syria. In the last 10 years I have never broken the law and have done nothing illegal. Do you think I am eligible for TPS? How long would it take to adjust status? If I get approved for TPS can I apply for change of status since I would become a lawful residence?

Thanks for your help

[Harpa Timsah 13,258]

You cannot change status because you entered on a K-1 and you can only adjust through your petitioner. That being said, you could have left the country and come back with a new spousal visa because of your current wife over a decade ago. Unsure why you didn't do that.

Not sure about TPS. Good luck to you.

[John_Pitt 0]

I came to the US on a K1 visa in 2001, and then I got married and applied for change of status and work authorization. After a few months things did not work very well. My ex-wife left me, she sent a letter to USCIS and lied about our marriage and she canceled my change of status. A year later I met my wife and we have been together for over 10 years without any changes in my legal status. I wanted to change my status but the 10 years bar is what stopped me from doing so. A family member just told me that I should be eligible for TPS since I am from Syria. In the last 10 years I have never broken the law and have done nothing illegal. Do you think I am eligible for TPS? How long would it take to adjust status? If I get approved for TPS can I apply for change of status since I would become a lawful residence?

Thanks for your help

[John_Pitt 0]

You cannot change status because you entered on a K-1 and you can only adjust through your petitioner. That being said, you could have left the country and come back with a new spousal visa because of your current wife over a decade ago. Unsure why you didn't do that.

Not sure about TPS. Good luck to you.

Harpa,

I did not leave because a lawyer told me, there is a 10-year bar. this bar was due because i stayed after my .EX canceled my Change of status.

Thanks

[Pitaya 2,577]

~Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Inquirer is not K-1~

~Duplicate thread removed, please do not post same topic in multiple forums~

Edited August 28, 2013 by A&B

[VanessaTony 3,567]

I came to the US on a K1 visa in 2001, and then I got married and applied for change of status and work authorization. After a few months things did not work very well. My ex-wife left me, she sent a letter to USCIS and lied about our marriage and she canceled my change of status. A year later I met my wife and we have been together for over 10 years without any changes in my legal status. I wanted to change my status but the 10 years bar is what stopped me from doing so. A family member just told me that I should be eligible for TPS since I am from Syria. In the last 10 years I have never broken the law and have done nothing illegal. Do you think I am eligible for TPS? How long would it take to adjust status? If I get approved for TPS can I apply for change of status since I would become a lawful residence?

Thanks for your help

Assuming you're still in the US and never left...

Honestly, no I don't think you can. The K1 only allows you to adjust status as the spouse of the USC who petitioned you. You cannot marry someone else and adjust off them, and you cannot change your visa class to a different kind. There is another exception but it does not apply to you and has been WAY too long since your relationship ended for that to be an option - so I won't even mention the name.

There is no "10 year bar" unless you left the US after overstaying more than a year and it only STARTS when you leave. So if you haven't left, you haven't dealt with the bar. If you haven't left you're still a K1 visa entrant and not eligible to adjust with your current spouse. You're also not eligible to change your status.

All that said... I'm not an expert on TPS so I suggest you contact a lawyer and ask for advice. Be wary of anyone that promises you the world.

[Harpa Timsah 13,258]

Harpa,

I did not leave because a lawyer told me, there is a 10-year bar. this bar was due because i stayed after my .EX canceled my Change of status.

Thanks

Yes, there is a 10-year bar, but there is a waiver available if you can prove hardship to your USC wife. So you could have left and gotten the waiver and come back with the spousal visa, and been a citizen by now.

I would focus on TPS in the short term. For long term, maybe you can find a country to move to for a year or so to get the visa interview and waiver processed and come back. There will be no way to adjust in the US because of the rules for K-1 (which is that you can only adjust status based on marriage to the K-1 petitioner).

[Darnell 8,478]

you're in a rough spot. Usually, VJ portal helps with easy things, not rough spots.

However, there is a great 'rough spot' website over at

http://immigrate2us.net

http://immigrate2us.net

http://immigrate2us.net

Suggest you read stuff there, trying to find a post covering yer exact situation. Or post a new one there, get some other input.

[Darnell 8,478]

Alas, you not have any path to change your status inside the USA.

[aaron2020 11,651]

I came to the US on a K1 visa in 2001, and then I got married and applied for change of status and work authorization. After a few months things did not work very well. My ex-wife left me, she sent a letter to USCIS and lied about our marriage and she canceled my change of status. A year later I met my wife and we have been together for over 10 years without any changes in my legal status. I wanted to change my status but the 10 years bar is what stopped me from doing so. A family member just told me that I should be eligible for TPS since I am from Syria. In the last 10 years I have never broken the law and have done nothing illegal. Do you think I am eligible for TPS? How long would it take to adjust status? If I get approved for TPS can I apply for change of status since I would become a lawful residence?

Thanks for your help

You are not going to get a green card.

You have broken the law and have done something illegal - you overstayed your K-1 visa.

As a K-1 visa entrant, you can only adjust based on the marriage to the K-1 petitioner.

Your 10 years ban does not start until you leave the US. So, being in the US for 10 years does not matter. Being in the US unlawfully for 10 years means you are subject to a 10 years ban when you leave the US.

Even if you get TPS, you will not get a green card. TPS does not lead to a green card. The "T" stands for temporary.

Edited August 30, 2013 by aaron2020

[DavenRoxy 1,073]

10 years, and he wasn't deported. Even though USICS knows he doesn't have a GC, no one came after him. Wonder why?

[VanessaTony 3,567]

10 years, and he wasn't deported. Even though USICS knows he doesn't have a GC, no one came after him. Wonder why?

There are millions of illegals so to be honest as long as you're not committing a crime they don't tend to do anything... I doubt he's taken the time to update his address with USCIS either, nor tell every Tom, ####### and Harry that he's illegal so who would know to report him? I know I don't get asked if I'm illegal though I definitely sound foreign.

They don't tend to actively seek out illegals and just wait until you come to them in some way (caught working illegally, caught crossing a checkpoint/traveling etc etc)