what to do? married to US citizen, have twin US citizen sons

[olga1982 0]

Hello, everyone.

I have a very difficult situation here. I came to the USA on a K1 visa in 2005, didn't get married because we broke up, had to stay here for had no money to return. Married someone else after 1 1/2 years, and we had twins who are almost 3 now. Went to see immigration lawyer who said it is a huge risk to go before the judge for adjustment of status. Going back to Russia is NOT an option. I stay home with the kids, husband works. Happy marriage. But i do want to become a permanent resident, have good record, SSN...was here legally before. what to do? should i wait for immigration reform or is there a good chance the judge will let me stay here and take care of my family? please, help me. we are good people looking for some advise.

Thank you.

[Otto 83]

Technically you were here legally for 90 days back in 2005; everything since that day came and went is considered overstay (4++ years of overstay). Going back to Russia would certainly be the last thing I would do, even if there were no other reasons not to go; you would almost certainly face a very high mountain to climb getting back into the US.

You should follow the advice of a professional - no doubt this is one time you should be prepared ahead of time and not wishing you had later. If you're not certain of your current attorney's advice; get a second opinion but any attorney worth their salt will advice you (or should advice you) that there is a risk but you would have a shot at a normal life. There's no guarantee, but many people are successful that are/were in your situation (doing nothing, or waiting too long, doesn't make it better).

**Topic may be more appropriate in the "Effects of Major Family Changes on Immigration Benefits" forum. Moving thread there.

[olga1982 0]

I appreciate your opinion. And it is interesting that we live in Austin, too. Maybe you could recommend me a lawyer in this area? thank you:)

[Brother Hesekiel 2,236]

There are so many different visas and adjusting from any of those to permanent resident after marrying a US citizen is easy, with one exception: K1. In fact, K1 visa holders are explicitely excluded from any kind of adjustment other than marrying the petitioning spouse.

If you leave the country you'll be triggering a 10-year ban and unless your husband explicitly authorizes you in writing to take the kids with you out of the country, they'll be staying in "their" home country, the USA.

I don't see any chance for a judge to override Federal immigration law, and I don't see any chance for you to become legal other than an amnesty or staying in Russia until 2020, when your husband can file an IR-1 for you.

I therefore suggest you contact Laurel Scott for the most competent advice on this. If anyone knows this stuff in detail, it's her:

http://www.scottimmigration.net/

Edited February 16, 2010 by Just Bob

[payxibka 10,047]

Hello, everyone.

I have a very difficult situation here. I came to the USA on a K1 visa in 2005, didn't get married because we broke up, had to stay here for had no money to return. Married someone else after 1 1/2 years, and we had twins who are almost 3 now. Went to see immigration lawyer who said it is a huge risk to go before the judge for adjustment of status. Going back to Russia is NOT an option. I stay home with the kids, husband works. Happy marriage. But i do want to become a permanent resident, have good record, SSN...was here legally before. what to do? should i wait for immigration reform or is there a good chance the judge will let me stay here and take care of my family? please, help me. we are good people looking for some advise.

Thank you.

Big problem here... You arrived on a K-1 and did not marry the original petitioner... The sad thing is you are unable to adjust status as a K-1 visa entrant is specifically excluded by law from adjusting based on a marriage to another USC who was not the original petitioner.

[Anh map 2,098]

Just to echo the advice from others you need to consult a GREAT, not just good, immigration attorney. The K1 is very clear about adjusting status. Having kids doesn't make it easier.

Don't be afraid to look for an attorney that is not local. You need the best counsel that you can find to determine of you have any hope.

Best of luck.

[candelari 0]

Just to echo the advice from others you need to consult a GREAT, not just good, immigration attorney. The K1 is very clear about adjusting status. Having kids doesn't make it easier.

Don't be afraid to look for an attorney that is not local. You need the best counsel that you can find to determine of you have any hope.

Best of luck.

Just to put my 2 cents into discussion; There is always a chance to stay but it is up to the judge. If judge decides it will create a very high hardship on you and your family he MAYBE decide otherwise no chance. I know it is a very slim chance but it is only way to get out(or at least I know). You need to get a great immigration attorney, who has been practicing immigration law for a long time and possible who has dealt with such a situation.

good luck and keep you morale high.

[lucyrich 20]

There is no chance of adjustment of status, because a K-1 is explicitly forbidden from adjusting status except based on a marriage to the original petitioner.

There might eventually be a chance for cancellation of removal. Look up that phrase on the web, and then after you've educated yourself, see a good attorney. Cancellation of removal is risky and not a sure thing at all. It requires you first be placed in removal proceedings. If you fail in your attempt to get cancellation of removal, you leave the US. Cancellation of removal requires that you prove "exceptional and extremely unusual hardship" to your US Citizen spouse and/or children, which is a hard thing to prove. It also requires that you have lived in the US for at least ten years, so you don't yet qualify. But you may be able to start gathering evidence to eventually make a case.