Illegal and working

[lucyrich 20]

I'm curious how this would be worse than someone entering the US on a tourist visa, failing to return and then getting married to a US citizen? Is there something specific to a K1 that bans them?

It's specific to K-1. It's in INA 245(d)

The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101(a)(15)(K) 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) .

The 101(a)(15)(K) section is the section that describes the K-1 visa. In plain language INA 245(d), that says that a K-1 alien cannot adjust status except as a result of a marriage to the original petitioner.

[kitkat1 5]

Thanks Lucyrich - it's very helpful to have the actual law cited.

And everyone else should avoid posting answers to questions when they clearly do not have the correct answer. There is WAY too much misinformation in this thread alone that could have had disasterous results for the OP.

[Gaby&Talbert 1]

Thanks Lucyrich - it's very helpful to have the actual law cited.

And everyone else should avoid posting answers to questions when they clearly do not have the correct answer. There is WAY too much misinformation in this thread alone that could have had disasterous results for the OP.

thank you I agree quotes from the actual law is the best

[Boiler 45,403]

Many people on this board have difficulties with basic English, quoting the actual law is unlikely to help.

[Caladan 19]

Thanks Lucyrich - it's very helpful to have the actual law cited.

And everyone else should avoid posting answers to questions when they clearly do not have the correct answer. There is WAY too much misinformation in this thread alone that could have had disasterous results for the OP.

Yup, apologies.

[wvnurse 1]

Hi there,

Your wife should not leave the country!!!!! If she entered with inspection (which it appears that she did) she can adjust her status right here. If she does leave, she is subject to the 10 year ban. If, infact she would have to file a 601 waiver, she can do that in country here as well. Check out the forum for adjustment of status on Immigrate2us.net.

Good luck,

Chris

[kitkat1 5]

Hi there,

Your wife should not leave the country!!!!! If she entered with inspection (which it appears that she did) she can adjust her status right here. If she does leave, she is subject to the 10 year ban. If, infact she would have to file a 601 waiver, she can do that in country here as well. Check out the forum for adjustment of status on Immigrate2us.net.

Good luck,

Chris

Again, she is NOT eligible to AOS in country. Although her entry was legal, she did not comply with the requirements of the K1 which - one of which to marry the petitioner. Her only option is to go through the spousal visa process with her current husband, interview in her home country and have her waiver approved.