Please help overstay 5 years and married to usc

[blue11 0]

Hi everyone,

I came to U.S in 2006 with a k1 visa and didn't files any paper work with the ins or marry with the OP. I just got married with a usc and pregnant for 3 months. I want to apply for a GC but i know the about the 10 years bar. I just want to know what are the chance of me getting GC and how to apply for it. Please help me out.

Thanks

[Anh map 2,098]

You are in a tough position. The K1 is very restricted regarding Adjustment of Status. Only by marrying the original petitioner. I suggest that you consult an experienced, qualified immigration attorney.

[YuAndDan 153]

You have a BIG problem. K-1 REQUIRES Marriage to the person who file the I-129F OR leave, there is no way to adjust status based on marriage to someone other than the original K-1 petitioner.

Only option will be to return to the home country and have an I-130 filed for a spouse visa, the problem is with the 10 year Bar that will result from the overstay, you will need to file a waiver at the time of visa interview if one is requested.

In this case a good immigrations lawyer should be consulted...

[katiemanny 64]

You will have to return to your home country so your new husband can file a spouse visa for you plus a waiver of extreme hardship to overcome the 10 years bar from entering the US. Your husband will have to prove the hardship not you.

This is why k1 visa were designed that way to avoid US Citizen from being used.

Edited April 12, 2011 by katiemanny

[HeatDeath 430]

Sadly, I'm not even sure what an immigration lawyer will be able to do. That original K-1 binds you very tightly to your then-fiance. An immigration lawyer may try to do an I-601 hardship waiver for you, but frankly, that's a long shot. You will have a very hard time showing that not adjusting status will create sufficient hardship for you or your current spouse.

You definitely need a lawyer, no question about it, but beware of any lawyer who tells you this is easy or guaranteed. A lot of lawyers will knowingly take a hopeless case, puff you up with false optimism, and string you along until you run out of money.

You want a lawyer who can explain, in simple terms, what they are doing, what the possible outcomes are, what the relative probabilities are of each outcome, and what they will do next, 2, 5, even 10 steps ahead. They should be able to describe not just the best case scenario, but every path that will lead to a GC. If they can't do that, you need another lawyer.

[katiemanny 64]

Sadly, I'm not even sure what an immigration lawyer will be able to do. That original K-1 binds you very tightly to your then-fiance. An immigration lawyer may try to do an I-601 hardship waiver for you, but frankly, that's a long shot. You will have a very hard time showing that not adjusting status will create sufficient hardship for you or your current spouse.

You definitely need a lawyer, no question about it, but beware of any lawyer who tells you this is easy or guaranteed. A lot of lawyers will knowingly take a hopeless case, puff you up with false optimism, and string you along until you run out of money.

You want a lawyer who can explain, in simple terms, what they are doing, what the possible outcomes are, what the relative probabilities are of each outcome, and what they will do next, 2, 5, even 10 steps ahead. They should be able to describe not just the best case scenario, but every path that will lead to a GC. If they can't do that, you need another lawyer.

The waiver has to be filed with her local US Embassy, she cannot Adjust Status within the US. She didn't even follow the real requirement of her visa, get married to the OP or go home. Can't be any clearer.

Edited April 12, 2011 by katiemanny

[Penguin_ie 5,993]

Yes, leaving and then the hardship waiver is the only way you'll become legal.

My suggestion would be to apply for the spousal visa while you are still here, then leave once it is time for the medical in your country and interview. Leave the child with your US citizen husband in the USA, as this will add to the hardship your family faces.

[YuAndDan 153]

Yes, leaving and then the hardship waiver is the only way you'll become legal.

My suggestion would be to apply for the spousal visa while you are still here, then leave once it is time for the medical in your country and interview. Leave the child with your US citizen husband in the USA, as this will add to the hardship your family faces.

Yep this would be the best course of action, child will be a US Citizen based on birth in the USA.

The hardship claim will be very plausible being separated from child.

[Brother Hesekiel 2,236]

The hardship waiver is only in consideration to the US citizen. The foreigner means nothing. Her hardship and her well-being are of no concern to Uncle Sam. Since the US citizen took part in the hardship by marrying a foreigner that has no way to gain lawful presence in the US, such hardship may be hard to prove. Basically, it's a self-inflicted hardship.

The O.P. is free to take her daughter with her to her home country as long as the father doesn't object. If the father objects, it's also not Uncle Sam's fault, but again self-inflicted by the O.P.'s own actions.

[VanessaTony 3,567]

Yes, leaving and then the hardship waiver is the only way you'll become legal.

My suggestion would be to apply for the spousal visa while you are still here, then leave once it is time for the medical in your country and interview. Leave the child with your US citizen husband in the USA, as this will add to the hardship your family faces.

I disagree and agree. Agree file the spousal in country then leave. Disagree that she leave the child. She needs to take the child. The hardship will be that the USC is separated from his family and that his USC child needs his/her mommy in the US so s/he can return.

[Brother Hesekiel 2,236]

[blue11 0]

I'm really appreciated all the help.I will wait until i give birth and find a good immigration lawyer to discuss my situation. If any know a good immigration lawyer in Bay Area CA let me know.

Thanks for all

[Azzudiin 26]

Why are people giving advice on how to illegally enter this country, she is illegal and should be reported to USCIS now, not given advice how to avoid paying for her crime.

[S_R 148]

I'm really appreciated all the help.I will wait until i give birth and find a good immigration lawyer to discuss my situation. If any know a good immigration lawyer in Bay Area CA let me know.

Thanks for all

Hi,

I agree with most of the suggestions. Its a dicey situation but i would advice you call Deborah Weber on (952) 544-6804.

she stands by her work and is so confident in her ability to achieve results that she offers an absolute money back guarantee to all Fiance Visa clients.

Wish you luck.

[Barbara J 115]

Why are people giving advice on how to illegally enter this country, she is illegal and should be reported to USCIS now, not given advice how to avoid paying for her crime.

:thumbs::thumbs: Oh Gosh I so agree with you this is ####### telling her how to stay illegally or get back here. She broke the law and that's it.

Hi,

I agree with most of the suggestions. Its a dicey situation but i would advice you call Deborah Weber on (952) 544-6804.

she stands by her work and is so confident in her ability to achieve results that she offers an absolute money back guarantee to all Fiance Visa clients.

Wish you luck.

She's not a bloody K1 visa client she broke that right when she did not marry the first guy.