K1

[blackgarfield 0]

My girlfriend came to the United States in the beginning of 2005, she married her petitioner in the required 90 days as a k1 visa holder, she recently got a divorce from this man and we want to get married.

My question is, what do we have to do to make this legal, I would like to become her petitioner, does she have to leave the US?, and if so, how long must she wait before coming back to the US and what kind of visa do I petition her for?

And also does anyone know how long she can stay in the US after her divorce? She does not have her conditional GC yet.

[Ken_Maria 0]

My girlfriend came to the United States in the beginning of 2005, she married her petitioner in the required 90 days as a k1 visa holder, she recently got a divorce from this man and we want to get married.

My question is, what do we have to do to make this legal, I would like to become her petitioner, does she have to leave the US?, and if so, how long must she wait before coming back to the US and what kind of visa do I petition her for?

And also does anyone know how long she can stay in the US after her divorce? She does not have her conditional GC yet.

Sounds like she came to the U.S. legally so you should be able to marry her legally. This sounds like a question for a lawyer and maybe some of our more experienced VJ members. That must have been a short marriage if she did not even get the AOS started? I assume she has her SSAN? Just my thoughts, but u r probably looking at just and AOS. Payato

[Shakil 4]

According to what law says I believe is that she needs to go out of the country and you have to petition for her for another K-1 if not married or K-3 / CR-1 if you get married. K-1 is a non transferable visa meaning that status cannot be changed to visit or anything else. Secondly, if a person is on K-1 and she doesn't get married or marries someone else than her K-1 is invalid eventually making her out of status. You would have to consult a lawyer to be sure! Try searching in K-1 forum or on the internet. USCIS have K-1 limitations on their website as well, you might want to look into that!

Hope that helps.

Best of luck!

Kind Regards,

Shakil

[sjoefl01 1]

Shakil is correct.

[blackgarfield 0]

She has SSN. So I can marry her in the U.S.? then how long she can stay here after marry? What's AOS meaning?

She has SSN. So I can marry her in the U.S.? then how long she can stay here after marry? What's AOS meaning?

[john_and_marlene 162]

She has been here for a long time.

Does she currently have a permanent resident card? If she does, is it a conditional card? If it's conditional, has she applied to remove the conditions?

[blackgarfield 0]

She doesn't have Green Card yet, just has SSN. We want to marry here in the US. So I want to make sure if she can still stay here after marry or she must go back?

[john_and_marlene 162]

You have issues beyond where to marry.

I recommend you have a consultation with a good immigration attorney.

She has accumulated enough out of status time to trigger a 10 year ban once she leaves the country.

[diadromous mermaid 36]

She has SSN. So I can marry her in the U.S.? then how long she can stay here after marry? What's AOS meaning?

She has SSN. So I can marry her in the U.S.? then how long she can stay here after marry? What's AOS meaning?

AOS is adjustment of status. From your post it appears she and her former husband began that process, but it has not been completed. Her out of status time needs to be watched carefully, as once she has been out of status 180 days a bar to admissibility comes into play. Consult with an immigration attorney to evaluate your options.

Edited November 6, 2006 by diadromous mermaid

[blackgarfield 0]

10 years? She cannot come to the U.S. for 10 years? even if we married? that's terrible. Do I have other ways can keep her to stay here?

[john_and_marlene 162]

10 years? She cannot come to the U.S. for 10 years? even if we married? that's terrible. Do I have other ways can keep her to stay here?

The 10 year bar is based on 1 year out of status. It is waiverable. Depending on her situation, she may be able to adjust status without leaving, but not based on a marriage to you. You really need to consult a good immigration attorney.

Edited November 6, 2006 by john_and_marlene

[blackgarfield 0]

Thank you very much! I just heard that someone married an illegal who stay in the U.S., then she got Green Card. If my girlfriend must go back to her country, I'd rather she stay here with me, I can't live without her, I love her so much.

[Boiler 44,928]

Thank you very much! I just heard that someone married an illegal who stay in the U.S., then she got Green Card. If my girlfriend must go back to her country, I'd rather she stay here with me, I can't live without her, I love her so much.

She can not stay and adjust on the basis of her marriage to you as she entered on a K1, she can only stay through adjustment following marriage to her original petitioner.

So she leaves and you either go the Fiancee of Spousal route for her to come back.

If she has been divorced for more than 180 days she will have a ban, if this is an issue check with a Lawyer, not 100% certain when she goes out of status, probably divorce.

If she has a ban you can apply for a waiver. see I601.

If you want to go with her, check immigration laws for her country.

As you seem to have a limited grasp of the issues, I would also recommend an initial consulatation with an Immigration Lawyer to review your situation.

[john_and_marlene 162]

Out of status stops accruing when the AOS application is received, but if the AOS is not completed, the out of status calculation goes back to the I-94 expiration.

Edited November 6, 2006 by john_and_marlene

[faal4anisa 0]

Its a TOPSOTURVY situation needs to be consulted and immigration lawyer best of luck