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.
