I entered with a K1 visa to the United States but marry someone else

[Nick0128 2]

Hello everyone, i entered to the US 5 years ago on a k1 visa but the person i was engaged to did terrible things to me, i decided not to get marry because i was been mentally abused, with the pass of the time i meet my current spouse, we go married and now my question is if through this marriage we can do a petition to obtain my greencard? Does anyone else has been in this situation?

[Ontarkie 14,070]

~~MOved to Effects of Major Family CHanges, from K1 P&P- As similar threads are discussed here.~~

 

First I'm sorry the ex was a dirtbag. 

Sadly you should have went home when you  did not marry. When entry on the K1 you can only ever Adjust status through the Petitioner of that K1. 

 

 You will need your spouse to file the I-130 to petition you to come to the us. You cannot adjust through him. When you leave the US you will then be slapped with a 10yr ban. At the interview you will be denied but given the chance to file a waiver for that ban. It would be fast but faster then the 10yr bar.

[Nick0128 2]

6 minutes ago, Ontarkie said:

~~MOved to Effects of Major Family CHanges, from K1 P&P- As similar threads are discussed here.~~

 

First I'm sorry the ex was a dirtbag. 

Sadly you should have went home when you  did not marry. When entry on the K1 you can only ever Adjust status through the Petitioner of that K1. 

 

 You will need your spouse to file the I-130 to petition you to come to the us. You cannot adjust through him. When you leave the US you will then be slapped with a 10yr ban. At the interview you will be denied but given the chance to file a waiver for that ban. It would be fast but faster then the 10yr bar.

I’ve heard i can apply for the waiver inside the United States, if things go well, and waiver is approved, should i take the risk to leave the US and go to the interview in my home country?

[Pinkrlion 2,631]

9 minutes ago, Nick0128 said:

Hello everyone, i entered to the US 5 years ago on a k1 visa but the person i was engaged to did terrible things to me, i decided not to get marry because i was been mentally abused, with the pass of the time i meet my current spouse, we go married and now my question is if through this marriage we can do a petition to obtain my greencard? Does anyone else has been in this situation?

No you are only able to AOS by the fiancé  that petitioned for you. Since you never married K-1 and divorced then you have no pathway to immigration. If new husband is US citizen then he will have to file I-130 and I-485. You will need to talk to an attorney. 

[Ontarkie 14,070]

7 minutes ago, Nick0128 said:

I’ve heard i can apply for the waiver inside the United States, if things go well, and waiver is approved, should i take the risk to leave the US and go to the interview in my home country?

You might be able to apply for th waiver while waiting inside the US. Others will know more about that. You will have no choice but to go to the interview in your home country. You will have the medical there too. 

[Crazy Cat 40,524]

Everything I have read (which isn't a great amount) says a K-1 visa holder cannot adjust status after marrying someone other than the original petitioner......but consular filing can be done.  A ban can apply if the K-1 visa holder has overstayed beyond 180 days.  That would require a waiver. This is lawyer time, imo. 

 

Can You Marry Someone Else on a Fiancé Visa? (lawyerfletcher.com)

 

Edited February 25 by Crazy Cat

[Boiler 44,224]

I 130

 

When approved I 601a

 

Go home for the interview and come back with an immigrant visa..

 

Not exactly unusual, seen this loads of times.

 

Assuming the overstay is the only issue.

[Timona 4,011]

3 hours ago, Nick0128 said:

Hello everyone, i entered to the US 5 years ago on a k1 visa but the person i was engaged to did terrible things to me, i decided not to get marry because i was been mentally abused, with the pass of the time i meet my current spouse, we go married and now my question is if through this marriage we can do a petition to obtain my greencard? Does anyone else has been in this situation?

 

When did you marry your current spouse and is he from same country as you? 

When did you enter on K-1?

Did you know your current spouse before coming to US?

[Nick0128 2]

12 minutes ago, Timona said:

 

When did you marry your current spouse and is he from same country as you? 

When did you enter on K-1?

Did you know your current spouse before coming to US?

I didn’t know my husband before coming to the US, he’s American, i’m from Latin America, when i marry my husband in 2019 my k1 visa was already expired. 

[Boiler 44,224]

Have you been working or just chilling?

[Timona 4,011]

5 minutes ago, Nick0128 said:

I didn’t know my husband before coming to the US, he’s American, i’m from Latin America, when i marry my husband in 2019 my k1 visa was already expired. 

So you entered in 2019, did not marry your petitioner. Then same year you married your current husband? 

 

What month did you enter in 2019 and what month did you marry? 

[Nick0128 2]

6 minutes ago, Timona said:

So you entered in 2019, did not marry your petitioner. Then same year you married your current husband? 

 

What month did you enter in 2019 and what month did you marry? 

I entered in August 2018, and marry my husband on December 2019

Edited February 26 by Nick0128

[Boiler 44,224]

That was 5 years ago, obviously there is a route but any reason no action? You could have had your GC about now.

[Nick0128 2]

25 minutes ago, Boiler said:

That was 5 years ago, obviously there is a route but any reason no action? You could have had your GC about now.

Yeah, basically things in life happened, like covid and we weren’t in a good spot financially but we are now, and I want to start with this journey to finally be able to enjoy life as a regular resident with my husband. 

[SalishSea 17,187]

5 hours ago, Nick0128 said:

Hello everyone, i entered to the US 5 years ago on a k1 visa but the person i was engaged to did terrible things to me, i decided not to get marry because i was been mentally abused, with the pass of the time i meet my current spouse, we go married and now my question is if through this marriage we can do a petition to obtain my greencard? Does anyone else has been in this situation?

You can’t adjust status based on marriage.   You have to leave and be petitioned for a spousal visa if you want a green card.