amnesty to k-1 holders who became illegal

[jackcourtney 4]

If you came on a K1 there is and didn't adjust prior to divorce there is little chance of adjusting in the US. Claiming abuse long after a divorce is unlikely to work unless there is documentation of it during the marrage. False claim of abuse is fraud and will lead to a ban. How long did your marriage last ? If your ex withheld filing to control you , there are cases where the fact you met the requirements of the K1 ( arrived and married in 90 days) open a window for adjustment if you have proof of good faith.

The marriage lasted almost 5 months now, i heard she is getting an annulment even though i didn't sign no papars, but i have a certified copy of our marriage certificate. law seems crazy in this country... what do you think i should do? send me a private message if possible man thank you for your reply,

she is trying to hurt me in anyway she can't stand the fact that if i stay here i might end up with another american chick... JEASLOUSY.. american women should protest against her i'm serious! lol

[VanessaTony 3,567]

If you came on a K1 there is and didn't adjust prior to divorce there is little chance of adjusting in the US. Claiming abuse long after a divorce is unlikely to work unless there is documentation of it during the marrage. False claim of abuse is fraud and will lead to a ban. How long did your marriage last ? If your ex withheld filing to control you , there are cases where the fact you met the requirements of the K1 ( arrived and married in 90 days) open a window for adjustment if you have proof of good faith.

This is the OP's other topic: http://www.visajourney.com/forums/topic/398534-wifes-gone-crazy/

They have been married 5 months. She DID file for AOS for him, but has now decided the marriage isn't working. He's hoping that the rule you talked about will help him. It doesn't, in that rule it was only approved because they found it was reasonable for them to assume that had USCIS "timely processed" the case he would have been approved prior to divorce. In that "rule" it took them 2 years to process the persons AOS, totally makes sense to then approve that person AOS because it should have been approved LONG before then, and the divorce alone wasn't enough to deny in the face of good-faith evidence.

Anyway, I feel bad for the OP, but I don't think he stands any chance to stay here. She filed his AOS. She didn't abuse him, she simply fell out of love/freaked out.

[jackcourtney 4]

we lived together for a long time and in two different countries apart from the U.S and i have enough evidence...

do you know if there is a way to switch my visa to a work visa? the job is ready and the sponsor as well

[Merrytooth 5,748]

Depending on your skill set, you could look at H1B Visa but the next application date is 1st April 2013 for a 1st October start.

Your employer will have to show that there are no American workers available to fill the job opening.

Also, you need to be legal in status within US to change to a work visa.

Edited November 8, 2012 by Merrytooth

[jackcourtney 4]

Depending on your skill set, you could look at H1B Visa but the next application date is 1st April 2013 for a 1st October start.

Your employer will have to show that there are no American workers available to fill the job opening

So let's say my employer can show that there are no American workers available ti fill the job opening, is there a way to get H1B visa while im in the U.S and even though i entered the country on k1 visa? or do i have to leave the U.S and apply from my home coutry?

[Karee 4,191]

So let's say my employer can show that there are no American workers available ti fill the job opening, is there a way to get H1B visa while im in the U.S and even though i entered the country on k1 visa? or do i have to leave the U.S and apply from my home coutry?

Unfortunately, it looks like you're going to have to go back to your home country. I'd say the H1B option is a long shot.

[jackcourtney 4]

Unfortunately, it looks like you're going to have to go back to your home country. I'd say the H1B option is a long shot.

i understand it's a long shot but is it possible tho ? and what if i get accepted to continue my studies by a university here, am i able to switch to a student or any different type of visa? or do i have to leave the country no matter what? i'm sure there must be a way since i entered the country legally and never violated the law!

[Moomin 292]

i understand it's a long shot but is it possible tho ? and what if i get accepted to continue my studies by a university here, am i able to switch to a student or any different type of visa? or do i have to leave the country no matter what? i'm sure there must be a way since i entered the country legally and never violated the law!

No, not without leaving. The K1 visa is pretty strict and only offers flexibility while waiting at the different stages. It only allows to adjust your status based on the original petitioner without leaving the country.

However, you can try and go for a student visa or have a job lines up, go back to home country and then re-enter with the correct visa if approved.

Do you have an overstay? I read that you had EAD, at least at some point. That originally added to your authorized stay however when AOS is denied(if the affidavit was pulled), then you have an overstay and I'd recommend digging into that before getting your hopes up. ALso, you showed immigrant intent already so it might(not that it will be) tougher to get a visa for a different purpose.

Staying unlawfully is ofcourse IMO not an option. You're robbing yourself of so many opportunities by doing so, and the longer you stay, the more you're just cornering yourself.

Best of luck, sorry you ended up in such a situation.

[VanessaTony 3,567]

i understand it's a long shot but is it possible tho ? and what if i get accepted to continue my studies by a university here, am i able to switch to a student or any different type of visa? or do i have to leave the country no matter what? i'm sure there must be a way since i entered the country legally and never violated the law!

As far as I'm aware there is no way for you to change to any other visa type. You will need to leave the country to apply for them. There's been a few people similar to you (things fell apart or whatever) and i recall discussions from then. Sorry, you will need to return to your country and apply for another visa if you want to return.

[jackcourtney 4]

Thank you for your help guys. so how can i get a student visa? can i apply for it and get it here and then i just have to leave the country and re-enter again? or do i have to go apply for it at the embassy in my country ?

[Moomin 292]

Thank you for your help guys. so how can i get a student visa? can i apply for it and get it here and then i just have to leave the country and re-enter again? or do i have to go apply for it at the embassy in my country ?

You cannot change path when you arrived on a K1 visa. You signed away your rights to change path when you entered on the K1 visa.

Applying for a student visa, you'd still have to go to home country and apply for F-1 at embassy and enter with the F-1 visa. However you can take advantage of the time you have in the US and search for schools until you leave. Again, please pay attention to any overstay you may have, and if you do not have any, leave the US before - otherwise you will have a ban and therefore ineligible to receive a visa until you waited out the ban.

Edited November 9, 2012 by moomin

[VanessaTony 3,567]

Thank you for your help guys. so how can i get a student visa? can i apply for it and get it here and then i just have to leave the country and re-enter again? or do i have to go apply for it at the embassy in my country ?

I believe like any visa you need to apply in your country. Here's the guide: http://www.visajourney.com/content/student-visa-guide There's also a forum specifically for student visas that might help you.

p.s. The sooner you leave the better. You don't want to risk overstay if she were to withdraw her support. Make sure you withdraw the AOS based on divorce so that you stand the best chance of not appearing to have immigrant intent.

[jackcourtney 4]

I gotta do lots of things and quickly to make sure it's not gonna affect my new visa.... thank you