What Happens....

[sus 70]

Marrying another citizen wouldn't help. The K visa is restrictive, and requires adjustment of status to occur through the initial petitioner. He could leave the USA before 180 days of unlawful presence and be petitioned again, but as for adjusting status in the USA he'd have an uphill battle with a lot of legal costs to try to influence BIA to consider that consummating a legal marriage satisfied the requirement of the K-1. That's what Dixon and Dawson did, but once again that was prior to the reform.

The question when it comes to adjusting status is having entered the country legally - So, not saying that it would be an easy battle (or cheap) but there are ways to do it - people do it all the time by entering the country on a legal visa (such as B1 / B2), overstaying, and then marrying a citizen - Or, we could end up with another situation like 245i where amnesty from the overstay is granted.

My point is to never say never - because it is possible - not easy, but possible. As I said before, what is important is that she took the right steps to protect herself, which she has done.

A K1 is not a B2...There is no way to adjust status thru mariage to another USC.

Another 245I is not even a possibility in the near future.

Today an immigrant cannot work without an EAD...as I said before...no life here is possible...no job, no drivers license, no home, no money..

Illegals leave the US everyday because they cant work under the table anymore, cvant get a SSN like they could 20 years ago, cant renew their drivers license.

So tell us.......how can this person adjust status???

If you can read - see the part that I have bolded - I am not going to continue to go round and round - It is possible easy, no - can do, yes - Talk to an immigration lawyer. And I can tell you of illegals here (yes currently here) with houses, cars, jobs,..... trust me, it happens every day.

One of the cities in my state just started an ID card program for - guess what - Illegals! They are all around, open your eyes. Working under the table, under different SSNs, etc... it happens all the time - We just had a situation at my company where we were contacted by an investigator from the IRS - they had gone after a woman for unpaid taxes / unfiled returns - She had never worked at our company, but we were paying her!

In a perfect world - No, it isn't possible - But we all know that the world is not perfect.

[*JG* 2]

If he continues to violate restraining orders and gets himself arrested enough times, and they eventually figure out he is illegal....... perhaps he will get himself deported all on his own.

[WestmorelandLove 0]

If the info in your profile is correct, then he can't adjust status as a prior K-1 entrant, if the application (I-485 and the I-864 have been withdrawn) so essentially he will be out of status, and unable to adjust through a marriage petition. Of course, he could try another route.

That's not entirely correct - He married a US citizen - fulfilled all of his obligations of the K1 (not saying he was right here, but he entered the country legally on a visa) - There are ways that he can adjust status, although not easily - Pam just needs to do what she needs to do to make sure it is clear that she is out of it -

There are ways he can adjust status???? Name one!!!!!

When his I-94 expires...he will be out of status and subject to removal. He cannot legally work, drive a car...basically has no life.

He cannot adjust status period.

By marrying another citizen, by claiming abuse under VAWA, if the government passes another bill like 245i..... there are ways to do it - He entered the US legally, and the fact that he overstays that visa does not prevent him from possibly adjusting status at a later date. That's 3 named - Not saying it is an easy process, but trust me, it can be done -

Interesting that you think people who are out of status basically have no life - I know people that came under the VWP and lived in the US for 15 - 20 years after overstaying - They owned houses, cars, had jobs, etc..... I guess they had no life either?

The key to this is for Pam to make sure she is protected - What he does is on him - but don't make statements about CANNOT be done, it's inaccurate - just read on this forum itself, there are people that have adjusted status from their conditional greencard after divorce.

He didn't receive his conditional green card. I also have a restraining order from the court - describing his abuse against me - which is documented. So he shouldn't be able to claim abuse.

[desert_fox 32]

I guess a city ID (whatever that is) would get you into the library, but will not get you a SSN, drivers license, and no way to adjust status. Sure, he can work under the table for half the prevaling wage but few employers are willing to take the risk. Mcdonalds just paid a 1,000,000 fine for employing illegals.

There is no way he can adjust status or legazlly remain in the US.

Edited August 13, 2008 by desert_fox

[sus 70]

I guess a city ID (whatever that is) would get you into the library, but will not get you a SSN, drivers license, and no way to adjust status. Sure, he can work under the table for half the prevaling wage but few employers are willing to take the risk. Mcdonalds just paid a 1,000,000 fine for employing illegals.

There is no way he can adjust status or legazlly remain in the US.

And again - You are not a lawyer, not an immigration official - Never say never -

[desert_fox 32]

I guess a city ID (whatever that is) would get you into the library, but will not get you a SSN, drivers license, and no way to adjust status. Sure, he can work under the table for half the prevaling wage but few employers are willing to take the risk. Mcdonalds just paid a 1,000,000 fine for employing illegals.

There is no way he can adjust status or legazlly remain in the US.

And again - You are not a lawyer, not an immigration official - Never say never -

correct...I'm not. You win. In this particular case I would estimate that he has no virtual chance, but you never know.

[diadromous mermaid 36]

I guess a city ID (whatever that is) would get you into the library, but will not get you a SSN, drivers license, and no way to adjust status. Sure, he can work under the table for half the prevaling wage but few employers are willing to take the risk. Mcdonalds just paid a 1,000,000 fine for employing illegals.

There is no way he can adjust status or legazlly remain in the US.

And again - You are not a lawyer, not an immigration official - Never say never -

I concur with desert fox on this one, sus. Agreed, even the more complicated cases can find loopholes in the INA, but this one was sewn up many years ago with the Immigration reform, and is clearly documented and articulated in the Immigration Act, so...without leaving the country and entering on another visa (not a k type) this guy is out of luck in the marriage-based arena.

Edited August 14, 2008 by diadromous mermaid