Fiance has overstayed Visa

[raeby 0]

My boyfriend (who is from Iran) came into the US legally on a K-1 Visa and married his Iranian/American wife. About 6 months later, she abandoned him leaving him all alone in this country without a greencard or anything for him to be able to work to support himself. This is where I came into the picture. I met him as this was happening. I fell in love with him and helped him with everything from finding a place to live and also supplying him with food since he didn't have a job or any money. We ended up getting a place together and have lived with each other for almost 2 years now. We want to get married and also start the process for his green card. Does anyone know how we go about this? I do not have money for a laywer and I've tried to find one pro-bono but it's not going well. We just sent his passport off to get renewed. His Visa ran out close to a year ago. He doesn't work. I support him solely. I do not want him to work until he gets his green card because he could get caught and then get deported. He is a baptised Christian now and if he gets deported back to his country, they will kill him. That's what they do there.

[belinda63 3,031]

Serious problem. He cannot adjust status inside the US except by the petitioner for the K-1 which is a no go. He will have to leave the country and you file either a fiance petition or spouse petition (if you marry prior to him leaving). He does not have to return to Iran, just somewhere out of the US and establish residency in another country.

Another option is to apply for asylum based on his religious conversion but unless he has made public his conversion there is a slim to no chance anyone in Iran will know about it.

I did have a friend several years ago who went to Austria and applied for asylum to the US from there based upon his being a Christian, might be worth checking into.

Again he cannot adjust status without leaving the country based upon his initial K-1.

[raeby 0]

Serious problem. He cannot adjust status inside the US except by the petitioner for the K-1 which is a no go. He will have to leave the country and you file either a fiance petition or spouse petition (if you marry prior to him leaving). He does not have to return to Iran, just somewhere out of the US and establish residency in another country.

Another option is to apply for asylum based on his religious conversion but unless he has made public his conversion there is a slim to no chance anyone in Iran will know about it.

I did have a friend several years ago who went to Austria and applied for asylum to the US from there based upon his being a Christian, might be worth checking into.

Again he cannot adjust status without leaving the country based upon his initial K-1.

Hi Belinda, thank you for answering so quickly. Leaving the US to go live in another country is virtually impossible because he has no money whats-so-ever and no place to go. He did make his conversion public by being baptised at a church and they video taped it. He doesn't want anyone in Iran to know because his family could be threatened. This is a really bad situation. Also, wouldn't he have to have a valid Visa to leave the country for another country?

[Darnell 8,478]

His Visa was invalidated the moment he crossed into the USA,

and his 'status' was then governed by the duration dates printed on the I-94.

Since he did get married, he did fulfill one major piece of the K-1 visa.

However, he's been out of status for some time now. If he and his wife had filed for the Adjustment of Status (leading to a green card) and if he had the green card already in hand, then he has a great chance to stay here.

That's not the case, alas. He is not allowed to adjust status inside of the USA at all, except on Adustment of Status WITH the Petitioner after marriage.

I think you're in a hard place, really. Any coptic church in your area? Have him go there, ask for some legal assistance.

[raeby 0]

His Visa was invalidated the moment he crossed into the USA,

and his 'status' was then governed by the duration dates printed on the I-94.

Since he did get married, he did fulfill one major piece of the K-1 visa.

However, he's been out of status for some time now. If he and his wife had filed for the Adjustment of Status (leading to a green card) and if he had the green card already in hand, then he has a great chance to stay here.

That's not the case, alas. He is not allowed to adjust status inside of the USA at all, except on Adustment of Status WITH the Petitioner after marriage.

I think you're in a hard place, really. Any coptic church in your area? Have him go there, ask for some legal assistance.

Yea, it looks like we really need legal help. I remember speaking with a lawyer over the phone and he said since he entered the US legally under a K-1 Visa, and he is divorced now, then we could get married and then apply for some kind of waiver(?) to extend his Visa. Does that sound right?

[Harpa Timsah 13,258]

Yea, it looks like we really need legal help. I remember speaking with a lawyer over the phone and he said since he entered the US legally under a K-1 Visa, and he is divorced now, then we could get married and then apply for some kind of waiver(?) to extend his Visa. Does that sound right?

No, it doesn't. A K-1 is not extendable and the only path to a legal status is through a process involving the original petitioner of the K-1 visa (his ex). This rule is in place so people don't use the K-1 to come and marry someone else.

[raeby 0]

No, it doesn't. A K-1 is not extendable and the only path to a legal status is through a process involving the original petitioner of the K-1 visa (his ex). This rule is in place so people don't use the K-1 to come and marry someone else.

OK, that does make sense. Well, this being the case, I don't see how an attorney can help. This is so sad.

[Harpa Timsah 13,258]

OK, that does make sense. Well, this being the case, I don't see how an attorney can help. This is so sad.

An attorney might know what country he can go to to interview for a new visa. An attorney might also know more about asylum and have an opinion on which is best. The other issue is that once he leaves, he will trigger a 10-year ban for overstaying. You can file a waiver for that, but is costs more money and can be difficult to get. The waiver is based on hardship to you, if he were not allowed back. This waiver should not be prepared, I think, without the help of an attorney.

Once you do all of this, he can come back and have legal status and work.

Edited November 8, 2012 by Harpa Timsah

[raeby 0]

An attorney might know what country he can go to to interview for a new visa. An attorney might also know more about asylum and have an opinion on which is best. The other issue is that once he leaves, he will trigger a 10-year ban for overstaying. You can file a waiver for that, but is costs more money and can be difficult to get. The waiver is based on hardship to you, if he were not allowed back. This waiver should not be prepared, I think, without the help of an attorney.

Once you do all of this, he can come back and have legal status and work.

Thank you! I appreciate all of you for taking your time to answer my question. I will seek out an attorney and just go from there. Good luck to all of you

[LSnBigBear 61]

Many have answered properly on this as he came with good intentions and did marry. Now that she abandoned him etc etc and it is two years later is not the best as he tries to move forward with you. His word against the Governments and his ex on this unless he can get his ex to file for a divorce stating she abandoned him. Then you and he will need an Attorney (which I seldom advise on this website as most of the items can be done with advice through the forum). Reason I say an Attorney is normally when a immigrant Lawyers up they win after a period of time. I have known a few that left their Arabian Boss as a nanny while on a vacation with them here in the USA and later ended up winning getting a Visa via an Attorney.

Good luck ...

Shawn AKA Big Bear

[P A U L 14]

contact this lawyer: http://www.visa2america.com

she helped me over the phone for free, she might be able to help you too as long as you don't use up "all" her time. for your situation, hiring might be a good idea.

i too, had questions about my fiancee having overstayed a visa, but she overstayed that visa in korea.

[inloveVEN 46]

you d better ask a lawyer

you can find a waiver only if your are married so it is better if you ask a lawyer to help you with this kind of cases

Dont leave the Country !!!