Potential Issues at the Green Card Interview

[ImmigrationHobbie 0]

Hello all, I am helping a friend with her case.

 

In March 2024, the petitioner attempted to withdraw her K1 visa petition by sending a formal letter. However, she never received any official confirmation or cancellation notice from USCIS regarding this withdrawal. Despite the petitioner's action, the beneficiary's K1 interview proceeded in May 2024 and was subsequently approved.

Following the approval, the beneficiary entered the U.S., married the petitioner within the mandated 90-day period, and they proceeded to file for Adjustment of Status (AOS). At the time of filing AOS, they were advised by a preparer to disregard the earlier withdrawal attempt, with the understanding that the subsequent marriage would supersede any complications arising from it. They have substantial evidence to prove a bona fide marriage.

I found out of this when she requested help to complete the AOS form for a K2 beneficiary. I advised them to seek legal counsel before incurring further expenses. They have since been quoted $5K by a lawyer simply to assess whether they should proceed with their case.

 

Any thoughts or experience with this type of situation.

[Crazy Cat 45,718]

This has happened before....almost identical to this  It is likely, imo, that USCIS will find that letter and revoke the I-129f.  In the case I remember, the I-485 was denied. They might want to withdraw the I-485, and immediately file a concurrent I-130 and another I-485.  Just my opinion.

They will likely have a lot of explaining to do.  Legal representation is probably a good idea.

Edited Monday at 07:39 PM by Crazy Cat

[Crazy Cat 45,718]

***Moved to Adjustment of Status forum***

[Boiler 48,169]

Sounds a lot to just review

[OldUser 10,878]

6 hours ago, ImmigrationHobbie said:

 

In March 2024, the petitioner attempted to withdraw her K1 visa petition by sending a formal letter.

😪

 

6 hours ago, ImmigrationHobbie said:

Despite the petitioner's action, the beneficiary's K1 interview proceeded in May 2024 and was subsequently approved.

Following the approval, the beneficiary entered the U.S., married the petitioner within the mandated 90-day period, and they proceeded to file for Adjustment of Status (AOS).

😮

 

Agreed, advice is to have legal representation. This is a very messy case. Firstly, why did beneficiary proceeded with application after withdrawal and why petitioner married them if they withdrawn I-129F.