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Crazy Cat

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Everything posted by Crazy Cat

  1. 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)."
  2. https://www.hooyou.com/k-1/k-1-restrictions.html The K-1 visa holder’s status cannot be adjusted unless he or she married the person who originally filed the petition, within 90 days of arrival to the US. If the K-1 visa holder meets someone else, they will be required to return to their home country and start the process over again.
  3. You will be fighting a losing battle which cause her to be banned from the US........If I were her, I would leave asap. We have seen many cases like this.
  4. Unfortunately, that is one of the risks of a K-1. She has no path to remain EXCEPT through the original petitioner.
  5. That's not how it works. A K-1 MUST adjust status through the original petitioner.
  6. She won't be getting a Green Card through the former marriage. Her legal path to remaining in the US is extremely unlikely based on what you posted. She will be out of status soon as USCIS will certainly deny her I-485 when they find out about the divorce. If I were her, I would leave the US now before accruing 6 months of unlawful presence. You can then start planning for a future life together.
  7. It can be if documented and if sufficiently meet the approval of a Consulate Officer.
  8. ***Old thread locked from further comments. Please ask questions as a new topic***
  9. 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.
  10. I've seen them do that before....it might be a standard informative note because people do make the mistake of thinking they can add derivatives to petitions for immediate relatives of US citizens.
  11. Was this an RFE or just informational?
  12. It's your money......I see no downside and no upside.
  13. Sometimes, CBP officers are just wrong.
  14. No. Others have seen this, yet had interviews scheduled. Plan on an interview.
  15. I see no reason for a re-entry permit. Your Green Card allows multiple entries. You are obviously not trying to live outside the US. Personally, I would not apply for a re-entry permit.
  16. USCIS needs to receive the I-751 package prior to the expiration date of the 2 year Green Card.
  17. How long is you longest trip? Re-entry permits are for extended periods outside the US....like longer than a year in a single trip. I don't see a re-entry permit being helpful or even fitting your situation.
  18. No kids...here in our 55+ apartment building..I loved it....... ---old codger....
  19. As this thread is more than a year old, it is locked for further comments. Please ask any questions as new topics.
  20. Being employed is not a requirement for citizenship.....only a requirement to list the history....if you have been employed during that time.
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