Can a k2 get his Green card through his married wife?

[coloso 6]

I have a friend that he is since 2008 and his visa is a K2. He is married to his wife a US Citizens and He would like to know if it is possible to get his status adjusted to a green card.

[Harpa Timsah 13,258]

WHy didn't he get a GC through his parent who had the K1?

[coloso 6]

My friend had a K2 but his mother never got married with the man that brought them here. her mom entered with a k1, but she never married, she was expecting but didn't happened, So after he got older than 21 they were here both eligal

[aaron2020 11,651]

Yes, he can adjust and get a green card through his US citizen wife. He entered the US legally, so he can adjust in the US. His K-2 visa overstay will be forgiven (overlooked) based on marriage to a US citizen.

[coloso 6]

Yes because his mother coudln't make for him. So I can tell him to go ahead and apply for himself, I told him he didn't even need a lawyer I told him but he went to a lawyer that told him he has to wait for 10 years for a pardon... Nuts... People sometimes don't give good advice...

[Harpa Timsah 13,258]

I am not so sure. A K-1 cannot adjust through any other means except by marriage to the petitioner. A K-2 is tied to the K-1, so some of the same rules may apply.

[coloso 6]

which I don't know weather is possible for the k2 to be able to do that.

[ceadsearc 516]

According to the instructions of the I-485 (http://www.uscis.gov/files/form/i-485instr.pdf) if you came on a K-2 and your parent did not marry their original petitioner you are ineligible to adjust status. I would assume that holds true even if married to a USC as it is listed separately from the rule about overstay being forgiven if you are the immediate relative of a USC but I suppose it is possible that isn't the case.

My guess would be it isn't possible, though.

[aaron2020 11,651]

I was wrong. After some research, it is not possible for your K-2 overstay friend to adjust. This is not a very common problem, I could only find a few website addressing this. Couldn't find any cases or anything official.

-------------------

http://russian-divorce.com/America/?p=3

Immigration Law (USA)

Question:

Hello I have a situation I am a K 2 visa overstay my mother never married, its been five years and I am now engaged to a USC to be married - will I have problems adjusting or do I have to file a special waiver?

Thanks

Answer:

You will have problems adjusting status if you get married to the USC. The law states that K visa entrants may only enter to the US solely to conclude a valid marriage with the petitioner. The law gives it 90 days in which to do that. If the marriage is not entered in to the K-visa recipient and the K-2 beneficiaries must leave the country as they may never adjust under any other ways. In your situation I would leave the country and have the USSC fiancee petition for you for a K visa, or marry you here in the US and the leave the country and petition for a K-3 visa.

Good Luck

Stella Mednik

---------------------

http://www.visasforall.com/adjust.php

The following classes of people shall not receive adjustment of status:

• You entered the U.S. while you were in transit to another country without obtaining a visa.
  
• You entered the U.S. while you were a nonimmigrant crewman.
  
• You were not admitted or paroled into the United States after being inspected by a U.S. Immigration inspector.
  
• You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:
  
• You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).
  
• Certain foreign medical graduates, international organization employees and family members.
  
• You are a J-1 or J-2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement.
  
• You have an A (diplomatic status), E (treaty trader or investor), or G (representative to international organization) nonimmigrant status, or have an occupation that would allow you have this status. This rule will not apply to you if you complete USCIS Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges and immunities. If you are an A or G nonimmigrant, you must also submit USCIS Form I-566.
  
• You were admitted to Guam as a visitor under the Guam Visa Waiver Program. (This does not apply to immediate relatives.)
  
• You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)
  
• You are already a conditional permanent resident.
  
• You were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for you. Or, you were admitted as the K-2 child of a fiancé and your parent did not marry the U.S. citizen who filed the petition for you.
  

Edited March 8, 2012 by aaron2020

[coloso 6]

aaron if he goes back to his native country he might have problems because he has oversate?

[Harpa Timsah 13,258]

Yes, he will trigger a ban when he leaves, but he can try for a waiver of the ban.

[JimVaPhuong 4,863]

Yes, he will trigger a ban when he leaves, but he can try for a waiver of the ban.

The President issued an executive order to DHS last year instructing them to develop a process for provisional approval of I-601 waivers for aliens who are currently present in the United States. Once a process is in place for this, an alien would be able to submit an I-601 waiver request and have it approved while they are still in the United States. They could then leave the US and go to their consular interview with their I-601 having been pre-approved. If the provisional I-601 is approved then it would reduce the amount of time the alien has to spend outside the US. If the provisional I-601 is denied then the alien can decide how to proceed, knowing that they will face an unwaiverable ban if they leave the US.

DHS hasn't implemented this change yet. They still have to formalize and publish their proposed policy change, and accept comments on the changes for a period of time before publishing their final policy change. It's possible this process could be finished before the end of the year, and USCIS could begin accepting provisional I-601 waiver requests.

Given that it can sometimes take months or years for a final decision on an I-601 waiver request, the OP's friend might want to hang out in the US waiting for this new policy to be implemented.

Here's the latest federal register entry about this new proposed policy:

https://www.federalregister.gov/articles/2012/01/09/2012-140/provisional-waivers-of-inadmissibility-for-certain-immediate-relatives-of-us-citizens#h-17

[coloso 6]

JimVaPhuong

How long will it take for him to be forgiven if that passes? Plus he already has 3 year will have to wait for another 7 years right? Can you outline in numbers the steps he will have to follow ?

1

2

3

and what are the consequenses and if he will have to return home and how long he will have to wait there.

[aaron2020 11,651]

JimVaPhuong

How long will it take for him to be forgiven if that passes? No one can tell you this. Until there is a law, no one can tell you what Congress will include in the Dream Act. Also, it's doubtful that this will even be on the radar until after the election. If Obama wins, then the Dream Act may gain some momentum in Congress. If the Republicans win, you can forget about the Dream Act becoming law any time soon.

Plus he already has 3 year will have to wait for another 7 years right? No. The ban does not start until he leaves the US. He has not served out 3 years of the ban. If he leaves, he is subject to a 10 years ban.

Can you outline in numbers the steps he will have to follow ? No one can tell you this. There is no law that allows him to adjust. So no one can tell you what steps to take for a process that does not exist.

1

2

3

and what are the consequenses and if he will have to return home and how long he will have to wait there. 10 years ban from returning to the US. His US citizen wife could file a waiver. The waiver is discretionary and requires a hardship on the US citizen spouse.

Currently, no way to become legal in the US. Even marriage to a US citizen will not help. He has two choices; 1) continue to be a K-2 visa overstay, 2) voluntarily leave the US, get a 10 years ban, file for the discretionary waiver, and hope that he will be allowed back.

Edited March 8, 2012 by aaron2020