Does anyone know a case of a CUBAN who came on a K-1 but then did not get married?
a- did they get shipped back to Cuba?
b- did they get some other sort of provisional status to stay in the US (since Cuban Adjustment Act requires 1 yr/1day)?
c) came in on K-1 and went to immigration to get CAA before the 90 days were up?
d) came in on K-1 and went to immigration 366 days later to get CAA
Hubby's friend got here on a K-1 visa from Cuba. Couple doesn't want to get married. Usually, the deal is that the Cuban is supposed to go back to Cuba (after the 90 days they're illegally here). But since Cuba has such different regs than other countries, we want to know if he can go claim the Cuban Adjustment Act (CAA) and HOW.
Attorneys say there's no way to adjust K-1 to anything. But they can't advise someone to stay illegally. CAA says that the person has to be here 365 days, then can claim it. I called immigration, and asked what happens between months 4-12? They just said nothing...can't work. I said, so they're wandering the street illegally for 9 months? Answer: basically. Immigration said any AOS can be denied, it's all the discretion of immigration. But I looked up some denials and only found denials based on less than one year here or b/c they committed a drug or violent crime. I asked if they should go to immigration and "turn themselves in" now. They said that the person could do that if they wanted to be deported.
Anyone know anyone with real-life experience with a CUBAN???
K-1 But no Marriage
in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Posted
Does anyone know a case of a CUBAN who came on a K-1 but then did not get married?
a- did they get shipped back to Cuba?
b- did they get some other sort of provisional status to stay in the US (since Cuban Adjustment Act requires 1 yr/1day)?
c) came in on K-1 and went to immigration to get CAA before the 90 days were up?
d) came in on K-1 and went to immigration 366 days later to get CAA
Hubby's friend got here on a K-1 visa from Cuba. Couple doesn't want to get married. Usually, the deal is that the Cuban is supposed to go back to Cuba (after the 90 days they're illegally here). But since Cuba has such different regs than other countries, we want to know if he can go claim the Cuban Adjustment Act (CAA) and HOW.
Attorneys say there's no way to adjust K-1 to anything. But they can't advise someone to stay illegally. CAA says that the person has to be here 365 days, then can claim it. I called immigration, and asked what happens between months 4-12? They just said nothing...can't work. I said, so they're wandering the street illegally for 9 months? Answer: basically.
Immigration said any AOS can be denied, it's all the discretion of immigration. But I looked up some denials and only found denials based on less than one year here or b/c they committed a drug or violent crime. I asked if they should go to immigration and "turn themselves in" now. They said that the person could do that if they wanted to be deported.
Anyone know anyone with real-life experience with a CUBAN???