Invalid K 1

[tanyanpc 2]

I am posting here to help my friend.

I will make the story short without going to many details how this stupid situation happened in the first place. She married her now ex husband in Jamaica and entered U.S. on K1 visa. Her ex husband filed I 485 and let the immigration know about the marriage in Jamaica. Of course, her application for adjustment of status was denied.

She got the letter from the immigration stating if she does not leave U.S. as soon as possible she would be inadmissible to the U.S. in the future.

My question is if there is any waiver or any hypothetical situation that could still allow her to get a permanent residence in the U.S.?

Thank you for sharing your thoughts and knowledge.

[belinda63 2,981]

She (and he) lied to immigration. She is now divorced from her USC husband. Her AOS was denied. Probably not. Since she entered on a K-1 she can only adjust through the person who sponsored her. But since she never should have been granted a K-1 she is in really deep mud.

[Transborderwife 4,666]

nope. She's in deep trouble immigration wise.

[Inikamoze 86]

Without having intimate knowledge of the US immigration system, surely they knew what they were doing was wrong and getting found out would lead to dire consequences!

Is he now the ex husband because of divulging this detail to USCIS?

If you want to be with your partner then you would be praying and hoping nobody ever found out about your deceit (immigration would have caught up with you sooner or later I reckon!)

You sure this wasn't a marriage of convinience in the first instance as it's sure sounding like it!

Edited November 20, 2016 by Inikamoze

[MASH 172]

Nope, she has to go home

[USAMorocco 143]

She is lucky they are letting her go home and not charging her with fraud.

[tanyanpc 2]

She did not know English at all and did not understand what they were doing. Her ex husband was charged with assault and battery later in their marriage. Her story is not usual and would not sound true if I had posted it here. You have to be either brainless or genuinely not know what your were doing trying knowingly to commit an immigration fraud.

[EM_Vandaveer 2,370]

If the assault was on her she should have filed VAWA.

[tanyanpc 2]

She is in the process of filing VAWA. I did not want to post her detailed story here because I don't want to get a lot of unfriendly responses like I was not telling truth.

Do you think she has a chance with VAWA if abuse part is not a problem to prove?

[JFH 12,189]

If she doesn't know any English and is now divorced (and has no family of her own in the country) why does she want to stay? What job will she do to support herself? Who is helping her with the VAWA application if she doesn't speak English?

[EM_Vandaveer 2,370]

She is in the process of filing VAWA. I did not want to post her detailed story here because I don't want to get a lot of unfriendly responses like I was not telling truth.

Do you think she has a chance with VAWA if abuse part is not a problem to prove?

I believe even people with EWI are eligible to file VAWA so I'd guess in itself that her K-1 was later declared invalid should not stop her from getting VAWA if she can prove that the first marriage was bona fide and she suffered abuse.

However, getting VAWA approved does not necessarily mean her AOS based on VAWA will be approved. One can have an approved VAWA and be unable to AOS which is a bad limbo state.

[Anitafeliz 1,133]

How are you communicating with her if she doesnt know english?

Not knowing english wont excuse her.

Also, if shes filing vawa does she have evidence of abuse

Edited November 20, 2016 by Anitafeliz

[Mellyboo 15]

I thought Jamaica's first language was English? I am a little confused

[Roel 7,191]

Either way, not knowing the language does not excuse breaking the law / not knowing the law. Educate yourself when you're moving to the different country....

[tanyanpc 2]

I, of course, appreciate all the judgmental comments and stupid questions. I asked a straight questions about the possibility of a solution in this situation. I was not really interested in discussing more than that. Thank you.