K1 overstay

[messedup 0]

I would not leave if i was you, we all know once you leave the country and you are subjected to 10 years ban then it will be hard as hell to come back. if you really love your new girl and wanna stay with her then just go ahead and see a good lawyer like the other dude said there might be a way and since somebody has done it before then everything can be possible, i heard about people who entered this country using fake names and others' ID's and guess what!! evantually they were able to adjust their status whether through amnesty or some other way. at least you entered this country legally, and specially if you have kids then you don't wanna leave them for the rest of your life, unless your girl is ok to leave with you and go live together in your home country!! i don't how the deportation thing work, seek legal advice and don't waste any more time!

Good luck

[Que Saudade 284]

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

Who said he is being charged with a felony? And whether you like it or not, this person deserves due process of the law. If he indeeds gets a lawyer and can establish grounds to stay, then so be it. If not, then so be that also.

I didn't interpret anything the OP posted as humorous, flippant, or joking. Quite the opposite, he seems to be serious with his inquiries.

As Boiler stated, he may indeed have to leave and file again, then apply for a waiver (most possibly needed). Who knows at this point.

[Cathi 5,783]

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.

i don;t see anything about the OP thinking the process is a joke. There must have been good reason why he didnt file AOS from his marriage, perhaps his ex wasn't willing to do it for him. Before you judge you should know the facts. And none of know the real facts or have the right to judge without them!!!

[southcalhog 43]

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?

[ceadsearc 516]

Definitely consult with an attorney. Until recently at least the only option would be return home and file with a waiver. In which case I suggest you marry first as it is much harder (or maybe not possible at all, can't remember) to get a waiver as a fiancé than a spouse.

[TBoneTX 45,914]

Let us know what the attorney advises, si man.

[JimVaPhuong 4,863]

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*

I'm unsure whether Matter of Sesay would be a valid precedent. In that case, and also in the Choin v. Mukasey case which is cited in that decision, the alien filed for adjustment of status while they were still married, and divorced after more than two years of marriage but before a decision had been rendered on the adjustment of status application. Both cases involved an AOS application that was valid when submitted, but INS initially denied them claiming they were no longer valid when adjudicated. Further, both cases involved marriages that were more than two years old when the AOS application was adjudicated, meaning that INA 216 (which covers conditional resident status) should not have applied. In fact, in the Choin v. Mukasey case the 9th Circuit Court specifically said that the AOS should not have been denied specifically because INA 216 did not apply.

I've never heard of a case where a K1 married the petitioner within 90 days, divorced after a year, and then applied for adjustment of status five years later and succeeded.

[Moomin 292]

I would not leave if i was you, we all know once you leave the country and you are subjected to 10 years ban then it will be hard as hell to come back. if you really love your new girl and wanna stay with her then just go ahead and see a good lawyer like the other dude said there might be a way and since somebody has done it before then everything can be possible, i heard about people who entered this country using fake names and others' ID's and guess what!! evantually they were able to adjust their status whether through amnesty or some other way. at least you entered this country legally, and specially if you have kids then you don't wanna leave them for the rest of your life, unless your girl is ok to leave with you and go live together in your home country!! i don't how the deportation thing work, seek legal advice and don't waste any more time!

Good luck

Please link to the story about succesfully adjusting when having entered using fake ID, and their circumstances as well. Circumstances are what matter in a case, not just that "someone did it, so can you" because it may or may not apply to OP.

Not leaving isn't exactly a long-term solution for OP if ever wanting to drive a car legally or work - or visit home country. Your post doesn't have that many facts in it useful to OP. A ban can be overcome with a vaiwer being the spouse of a US citizen. If seeing a lawyer in the US, it's not just any lawyer, and not just any immigration laywer.

USCIS are well aware of some misusing the K visa by arriving on a K1 visa, then running from the original petitioner and ending up with another person which is why the option usually is marrying original petitioner, or return to home country and someone else may petition for the beneficiary again.

This is to protect the US citizen (and US government). Being engaged isn't a contract that can't be broken. Signing documents at the embassy saying "if I do not marry the original petitioner, I cannot adjust through anyone else and I am deportable"(to simplify it) is enforceable because that's a contract with USCIS, and they will use it against you whenever you fail to uphold your end of the contract because you read and understood the consequences. There are only a few exceptions, most of them are cases of abuse, or where the original petitioner died. That isn't the case with OP.

Marrying now and trying to adjust status even IF it was possible to adjust status is a bit risky. Deportation is why. However, marrying now and then volunteering to leave is a different matter.

Edited August 19, 2012 by moomin

[Raj2012 0]

No, not a joke at all, just a bad situation I am now trying to better Thank you for the suggestions and links

[Que Saudade 284]

No, not a joke at all, just a bad situation I am now trying to better Thank you for the suggestions and links

Disregard the negative. Focus on task at hand. You have a serious issue to deal with.

Good luck with your ordeal. If you should overcome these legal issues. Please share your experiences back with us.

[Raj2012 0]

I did file for adjustment of status but the day of the interview my wife would not support me. After having missed it she promised she would help me but as time progressed it never happened and I could not continue in a relationship where I felt she was trying to control me by holding the threat over my head and we divorced. I had no knowledge at the time of this country's laws and am still trying to learn what I can do to better my situation I had contacted attorneys but some do not seem to be as qualified as they claim before they take your money waste your time and then say they have never dealt with my kind of situation.I posted here hoping to find someone who has had dealings with a case similar to mine so I wont continue to waste time and money on legal council who has never dealt with my kind of case. If I can find a way through this I will be more than happy to share my experience with all of you here and again thank you for your positive posts.

[aamirpearl 47]

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?

Well, i know he needs advice , I was in a bad mood that day from reading similar stories to his, things like this gets me mad, and also the way he wrote it, at first makes me think, ok here is another one , got marry on k1 didnt adjust and now new marrige and i know there is more to this story that's not his fault ...so sorry if i offend anyone

Edited August 22, 2012 by @@mirpeArL