Guidance/Advice

[appleblossom 5,280]

25 minutes ago, Questioner1 said:

Has anybody got any real life experiences in a matter like this?

 

As said above, there have been cases on the forum which you can search for. Hopefully that will help and show you the potential outcome. You can also consult lawyers if you want to hear it from the horses mouth so to speak. Just checking, but presumably her petitioner has cancelled the I-485/I-864? 

 

Given the current administration, there's no way I'd risk her being detained by ICE and held before deportation, it's just a horrific thing to risk happening to her. It would be far kinder to understand the restrictions on the visa she entered on, have her go home and then just visit each other (if she gets caught/banned, there will be no way for her to even visit the US until she gets a waiver). Which country is she from? Could you go and live with her maybe? 

Edited 16 hours ago by appleblossom

[Crazy Cat 45,733]

https://www.k1k3visalawyer.com/k-1-fiance-visa-adjustment-of-status-options/

 

"Unfortunately, the USCIS has consistently ruled that K-1 visa holders cannot adjust status except through marrying and adjusting status through the original K-1 visa petitioner.  Recently the Second Circuit (the Federal Court encompassing New York City) agreed with the USCIS (Caraballo-Tavera v. Holder)."

Edited 17 hours ago by Crazy Cat

[Boiler 48,176]

I have seen no end of similar cases, have not kept count but must be dozens.

[Crazy Cat 45,733]

11 minutes ago, Questioner1 said:

nothing is black and white

Except US Immigration law.....and this administration isn't playing around.

[Boiler 48,176]

She goes home

 

She divorces 

 

You marry

 

You petition her

 

Now the first three may have flexibility of order, do not know the dates.

[JeanneAdil 7,338]

1st u need to read up on the divorce laws in your state / some require a long waiting period (NY is 1 year after a formal separation agreement)

Next she or husband need to file for divorce 

if she is in a state that does this fast,  she should get copy of the legal papers and return to her home country

if the state is not fast,  she should get a lawyer to make sure she receives copy of the divorce

 

Then,  you can think about visiting her and marriage and possible spouse visa / it will be an uphill battle from this prior experience

 

and when reading online about AOS and divorce waivers,  understand a spouse visa and divorce can use the waiver

K1 fiancee can not / she has to go home 

 

tell her So very sorry this did not work out for her and wishing u 2 the best 

[appleblossom 5,280]

Just now, Boiler said:

She goes home

 

She divorces 

 

You marry

 

You petition her

 

Now the first three may have flexibility of order, do not know the dates.

 

I think she's already divorced from what the OP's said. So the question is, is she out of status now and already accruing unlawful presence - has the ex-husband pulled the I-864/1-485 and/or informed USCIS of the divorce?

[Crazy Cat 45,733]

1 hour ago, Questioner1 said:

I've read through a bunch of things and the possibility of her submitting her notice of divorce and withdrawing the 485 - along with me filing as the support/sponsor and starting everything over. She's already here and came in with a bona fida fiance/marriage that didn't work out because the petitioner waited until he got here to show his true character

Had she legally entered the US any other way (other than a C/D visa holder & a couple more), you could marry and start the Adjustment of Status process all over.  However, that is not how the process works for a person who enters via a K-1.

 

Example:  Had she entered the US via a spousal visa, you could marry and start the AOS process....or had she entered via B2 visa, you could marry and start the AOS process.

Edited 16 hours ago by Crazy Cat

[Ontarkie 15,064]

~~Moved to Effects of Major Family Changes, from AOS from K1 K3 P &P- the OP's fiance came on a K1 and now divorced from the K1 petitioner.~~

[leeen21 46]

5 hours ago, Questioner1 said:

I've seen enough in my life to know there are no absolutes in life. 

But you have clearly never been through an immigration process with USCIS. You came here looking for advice and guidance; just because you don’t like what you’re hearing doesn’t mean everyone is being pessimistic. They’re being realistic and informing you of the laws that exist that are, in fact, absolute.

[VTaylor9 2]

I think there has been good advice above.

Not saying this relationship can't work out, or you can't ever apply for a visa for your partner, but with her prior K1 visa entry, that limits her options.

The reason for the delay and limits on the K1 recipient adjusting while married to the original petitioner is to guard against fraud.
Your title makes me think you may not understand these restrictions and the purposes. She does not have a "major family change" that could affect her immigration.  That would be something like needing to suddenly return to a home country for a parent's funeral and needing advance parole while other processes were pending. She has a "major change" in that she no longer has an applicable immigration category and lacks her sponsor.

Think of it like she got a highly selective internship at Google, and then she gets fired. But she keeps hanging around the building and walks through the door when a delivery person is exiting. She doesn't have security clearance or permission to be there. She doesn't still work there. That doesn't mean she can't update her resume and apply for another opening later, but she can't hang out on campus.

I appreciate your hopefulness and it's not a dead end, but you need to be careful with discounting the laws and timeline that are there to protect you and your fellow citizens.