Legal Question in Immigration Law in Virginia

k1 fiance visa

my friend entered the united states on a k1visa, he was seperated from that person and married a Us citizen for eight years but his readjustment case was denied. can he obtain legal status other ways?

Asked on 8/09/08, 7:38 pm

2 Answers from Attorneys

Glen Prior Pacific Law, Inc., P.S.
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Re: k1 fiance visa

It may be difficult at this time for a person with K-1 status, expired or not, to adjust status in the United States when the person does not marry the U.S. citizen that filed the I-129 fiance/ee petition due to section 245(d) of the Immigration and Nationality Act, which states:

(d) The Attorney General may not adjust, under subsection (a), the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under section 216 . The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101(a)(15)(K) 2aa/ except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien's nonimmigrant status under section 101(a)(15)(K) .

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At end91 (endpage91) at http://immigrationflowchart.com (a free service) ,

there is a copy of a petition to the 9th Circuit Court of Appeals where the person entered with a K-1 but did not marry the petitioner; later the person filed another adjustment of status application (I-485), sought advance parole, left the United States and reentered the U.S. with the advance parole document. The Immigration Judge still considered the person to have the status as K-1 even though he re-entered with parole.

Glen

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8/09/08, 9:23 pm
Michael E. Hendrickson Attorney & Counsellor at Law
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Re: k1 fiance visa

Due to your friend's apparent violation of the conditions of his K1 visa which was issued to him under the condition that upon his entry into the U.S., that he would marry the U.S citizen named therein within 90 days, which, apparently did not happen, and, subsequently, he then married another U.S. citizen and the USCIS now refuses to adjust his status, your friend will very likely now need to leave the United States before he accumulates any further improper overstay time, and return to the country of his origin, and begin anew from there his efforts to become a legal resident of the United States of America.

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8/10/08, 12:18 am

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