Bit of a complicated situation with K-1 and adjustment of status

[imprezaowner27 8]

I'd like to apologize in advanced for the long post.

My fiance and I were going through the K-1 visa process when we hit a snag, we found out that her visa here (obtained by her parents since she was a minor) had expired and she had overstayed past her 18th birthday until she was 19.5 years old. (she is now living in Brasil)

Now, that is an automatic 10 year ban right? well maybe. I found out that her parents had entered into the process of obtaining permanent residency before their visa expired. So with the help of her father and her sister (which are here) I went to their lawyer and got documentation from the process.

• They entered into the process in 2002.
• She left for brasil in 2007
• The process was denied in 2010 (she actually pulled out of the process since she was living in Brasil)

Just for clarification: The lawyer handed me 2 pieces of paper...one says I-797C on the top and has the dates they entered into the process and that they received the I-485 application to adjust to permanent residence status. (On this paper he put a sticky note with 3 bullets...1. EB6, 2.Derivative of employment-based petition, 3. 245(i)) not entirely sure what those are. The other piece of paper was the DECISION form on the i-485, it was denied but the key words I think on this paper are.... "this decision leaves you without lawful immigration status and you are therefore present in the USA in violation of the law. You are required to depart the USA." So therefore she could've been lawfully in the USA in limbo until that decision is made correct? so the 10 year ban would not apply unless she left after 1 year of the date on the denial sheet?

I thought about posting this in the K-1 section, but this section deals with changing of status so you guys might know more on the subject. Thank you for any information.

[CC90 90]

Did the I-797C state that it was for an I-485 and start in 2002?

If so, you might have a case. However a SEPARATE I-485 must have been filed for your fiance for her to be included. If it's only for her parents, then she was not included.

You should consult the lawyer and not us, since you provided VERY little information.

[imprezaowner27 8]

Did the I-797C state that it was for an I-485 and start in 2002?

If so, you might have a case. However a SEPARATE I-485 must have been filed for your fiance for her to be included. If it's only for her parents, then she was not included.

You should consult the lawyer and not us, since you provided VERY little information.

yes the i-797C states that they received the i485 in 2002 and the notice date is in 2004, and it is stating that the applicant name is in her name...I included that her parents were involved because she was a minor when the application was sent in.

[CC90 90]

Then you might be in the clear, but you need to consult with a lawyer or experienced party that knows your situation very well.

You gave us very little information and, therefore, we can't give you definite answers, but I think you're on the right track if what you said is accurate.

[Ontarkie 14,229]

~~~~Moved to General Immigration-Related Discussion, from Adjustment of Status from Work, Student, & Tourist Visas - As they are working on a K1 and not adjustment of status but are looking for information pertaining to a previous AOS.~~~~

[imprezaowner27 8]

~~~~Moved to General Immigration-Related Discussion, from Adjustment of Status from Work, Student, & Tourist Visas - As they are working on a K1 and not adjustment of status but are looking for information pertaining to a previous AOS.~~~~

thanks