K1 overstay

[Raj2012 0]

Hello everyone,

I came here on a K1 visa in 2006 and married my fiance within ninety days but failed to adjust my status. My marriage ended a year later and we were divorced. I have since met someone else and we have been together for 2 years now but I have a current deportation order by default and realize I am facing a 10 yr ban if I leave the US. Is there any way I will be able to stay here and marry my girlfriend?

[Harpa Timsah 13,258]

No; sorry. You can leave and she can petition for you again, you will be denied, and you will file a hardship waiver to overturn the ban.

[Anh map 2,098]

There is a decision from the BIA (Board of Immigration Appeals) that does suggest that you may be eligible to adjust status if you marry your current fiance. http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf

However, this is not a Do It Yourself circumstance, especially with a deportation order in the mix. You need to consult a QUALIFIED immigration attorney to assess your situation.

*Moved from K1 forum to Adjust Status - Family Visa forum*

[Que Saudade 284]

First let me say that, (as Anh wisely recommended), with regards to the deportation order that is current and existing, it would behoove you to seek immediate legal counsel from a very well qualified (emphasis added) immigration lawyer. There exists the possibility of being picked up by authorities and then it would be arguably too late.

Second.....In the above mentioned case, there was the fact that the all of the cases cited had previously filed for adjustment. In the case of Sesay, he had an AOS improperly denied because the adjudication had not taken place 2 years from the date of marriage. The couple divorced after that. Then he married another US citizen.

To the OP, the point is that it becomes complicated and the need for an expert in the law of immigration is needed.

Edited August 17, 2012 by Que Saudade

[Raj2012 0]

Would you know the name of the attorney who handled that case or someone qualified you could recommend?

[Que Saudade 284]

Would you know the name of the attorney who handled that case or someone qualified you could recommend?

Read here.

JimVaPhuong is extremely reputable with his posts. Read what he has to say in that thread.

[aamirpearl 47]

Hello everyone,

I came here on a K1 visa in 2006 and married my fiance within ninety days but failed to adjust my status. My marriage ended a year later and we were divorced. I have since met someone else and we have been together for 2 years now but I have a current deportation order by default and realize I am facing a 10 yr ban if I leave the US. Is there any way I will be able to stay here and marry my girlfriend?

why would you put urself in this complicated situation ,you should already know the answer to this question...

[Que Saudade 284]

why would you put urself in this complicated situation ,you should already know the answer to this question...

Are you implying the OP willfully and knowing put his self in a legal position of being deported? Well that would be just silly don't you think?

The fact is; he is in this position and he will have to deal with it accordingly.

[Anh map 2,098]

Would you know the name of the attorney who handled that case or someone qualified you could recommend?

From the BIA decision >>> FOR RESPONDENT: Thomas A. Elliot, Esquire, Washington, D.C.

[Raj2012 0]

Thank you

[Cathi 5,783]

why would you put urself in this complicated situation ,you should already know the answer to this question...

the OP is looking for advice, not judgments. He knows he made a mistake, no need to rub salt in the wound. I often wonder why people reply to posts only to be critical? If you have no advice to offer why bother leaving a comment?

[djricky4 67]

this is a really hard situation to be in. I really hope you find some clarity soon and can move on with your life. Definitely needs the service of a Expert lawyer.

Edited August 18, 2012 by djricky4

[Krikit 1,165]

Moving from AOS Process to Effects of Major Changes.

[HuklerYenny 21]

With all due respect, the OP thinks immigration process is a joke in the past and ignored the deportation notification......til now.

And he still thinks it's a joke (by asking such serious matter (deportation threat)) here on VJ, a self-help forum.

Most ppl when being charged with a Felony (serious crime) tend not even think about represent themselves in court, even when they're lawyers.

Edited August 18, 2012 by HuklerYenny

[Boiler 45,939]

The chances are you will need to go home and re-apply and need a waiver.

Edited August 18, 2012 by Boiler