Guidance/Advice

[Questioner1 2]

On 11/6/2025 at 2:51 PM, Crazy Cat said:

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)."

Thanks for the links - these are links I've found and read repeatedly. I've even spoken to a law office who offered a free consultation.

 

This is what led me here to simply try to find somebody who has personally been through the same thing. 

 

These legal articles, and having spoken to a lawyer. On the surface, they all start with the same thing - doom, gloom, no way through. Then, all of a sudden the talk of paying legal fees gets introduced by them - "if you want us to represent you, we can talk fee levels and we can help you find a way".

 

Reading between the lines - there is a way, and they're willing to get you there for a massive cost. 

 

Since I'm not a fool (in spite of the tone of some of the responses), I understand the laws, the regulations and the red tape - but I also understand that there are real life cases that have yielded different results to those barriers. 

 

A simple conversation with somebody who has encountered this scenario is what I'm seeking so together we can plan our approach and our next steps. 

[Crazy Cat 45,752]

1 hour ago, Questioner1 said:

there is a way, and they're willing to get you there for a massive cost. 

Nothing in your post suggests there is a way for her, as a K-1 entrant, to remain in the US.  Unless she has documented abuse, the case is dead.

The law is the law.  There is no room for discretion. 

Edited 12 hours ago by Crazy Cat

[Boiler 48,185]

There has been no end of people on this forum who have gone through this and have posted on this forum. The route has been mentioned above 

[appleblossom 5,306]

2 hours ago, Questioner1 said:

Nothing has been pulled by the ex-husband

 

How can you be sure? She wouldn't have been notified if he had, and it would be VERY unusual for him to just leave it and be happy to be on the hook for her for the next 10+ years if they've divorced.

 

Are they still in contact? Can she ask him?