can i get i.d

[VanessaTony 3,567]

ok ,,thanks anyway .. .. God bless..

nope .. i didnt marry my petitioner.

Based on this, you need to leave the US and file for a CR-1 visa (you can file before you leave or after).

Once you leave you will most likely get a 10 year ban.

The I-130 will be denied because of the ban, and you will then need to file for an extreme hardship waiver which may or may not be approved.

There is no way for you to legally remain in the US at this time. You need to leave the country.

Also, prepare to explain your relationship. USCIS will most likely assume that you used your K1 to get to the US to marry this guy, or that you married this guy just to remain in the US, not realising you couldn't.

[MrsB2012 10]

I would be interested to see what a lawyer could do to help in this situation. You entered the US on a K-1 visa and were supposed to marry the petitioner within 90 days. When you didn't marry the petitioner before the 90 days were up, you needed to leave the US. You are not allowed to file for AOS and I'm nearly positive that you'll need to leave the US. Seeing as you have more than 180 days of overstay, you're going to incur a ban once you leave the US. You can file for a marriage visa from abroad and file a waiver for the overstay if you can prove that it's a hardship for your spouse to have you living abroad.

I'm not sure how difficult the process is to get approved for a marriage visa, but as an outsider looking in, I have to say that your case sounds a little fishy to me based on the fact that you had someone petition you for a K-1, he went to jail and you married his brother? Maybe everything about this is genuine, but common sense makes it hard to believe.

[mlovesm 0]

.

[VanessaTony 3,567]

When you didn't marry the petitioner before the 90 days were up, you needed to leave the US.

Well actually had she still married her petitioner it doesn't matter that it was outside the 90 days. It would only mean that they would also need to file the I-130 as they couldn't AOS based off the approved I-129F. As she didn't marry her petitioner of course this is all moot. She should have left, as she was previously advised, long ago.

[Darnell 8,478]

I'm ready for a cheese sandwich. Or a bowl of noodles. or something.. please...

a danish open-faced sammich would be stellar !

[CharliesAngel13 7]

Wow!!! How doni post the face hitting the other face over the head with a mallot? Much appropriate in this thread!! Lol and we wonder why our k-1's get delayed? Gurl go back home..... Not good moral character AT ALL...

[CharliesAngel13 7]

And btw.. My first husband went to jail.. I stuck by him.. Idk ur situation as to why he went to jail but maybe u shuld have married him anyway... Then adjusted status n later divorced? If he was abusive then u culd have addressed it with immigration and in the US we have plenty of womens resources.. They would have helped with a legal advocate.. Also.. Speaking from an x DOC employee i kno u are allowed to marry an inmate... I dont kno of any state that prohibits it.. If his sentencing was for a long time that could have easily been arranged... U shuld have dun this all differently.. No matter wat the case was u could have dun it right... God bless u!!! U really need prayers at this point and an excellent attorney!!!

[apple21 953]

Can't her husband file i-130 for her now? and adjust status based on her current marriage without leaving?

[Cathi 5,755]

Can't her husband file i-130 for her now? and adjust status based on her current marriage without leaving?

no she cannot

[Boiler 45,525]

CIR might help.

[Juliet and Steve 93]

This seems complex.

You're here as an illegal immigrant (join the many, many, many millions of others).

You're married to a US Citizen.

I imagine that there is a path that you can take where the two of you can become US Citizens but I suspect that path, if not followed carefully, can create some major problems (such as a ten year ban).

As others have said, and I agree, you need the advice of an attorney who specializes in all forms of immigrant law.

It's easy for many to say: "you overstayed, you're a criminal", and in reality you are. Therein lays the problem of the correct path--if you make the wrong turn you will be deported, so trying to apply for the wrong thing at the wrong time could mess you two up badly, and there may be an efficient path to put everything back in order.

If the two of you do not have enough funds to hire an immigrant law specialist I'd suggest that you try to find a pro bono (for free) law service. You could call the Bar (attorney association in your state) Seach for "(Statename) Bar Association" They should be willing to direct you. And I don' think you'll run into any trouble that way, they are not a government agency.

[hikergirl 277]

http://www.immigrantjustice.org/litigation/blog/caraballo-tavera-v-holder

Case law is clear and has been upheld. She was only eligible to adjust status through her original petitioner.

In so holding, the court relied on 8 C.F.R. § 245.1©(6), the regulation addressing K-1 visas, “which provides that “[a]ny alien admitted to the United States as a nonimmigrant [K-1 visa holder]” is ineligible to adjust status except to that of a CLPR on the basis of the marriage to the K-1 visa sponsor” (emphasis in original).

[newlyweds2010 208]

you married the K1 petitioner, right?

Edit: ok, never mind, I read the rest of the thread.

Edited April 4, 2013 by newlyweds2010

[MrsB2012 10]

Well actually had she still married her petitioner it doesn't matter that it was outside the 90 days. It would only mean that they would also need to file the I-130 as they couldn't AOS based off the approved I-129F. As she didn't marry her petitioner of course this is all moot. She should have left, as she was previously advised, long ago.

Thanks, you're correct, I should have been more specific in my response!

[CatSam 0]

mlovesm just fin reading the entire thread, they're correct that you cannot change your status bec u didn't marry ur petitioner. I would suggest to go back to Phils, it will cause you more trouble if you will still stay here as illegal.