He got his k1 and entered US w/out my knowledge

[Boiler 45,541]

Boiler he has no options.We have hundreds of decisions of the Board of Immigration and Court of Appeals Circuit stating that K-1 visa holders cannot adjust status unless the alien married the person who originally filed the K1 petition.

When he realizes he screwed up then he will try Vawa, but he won't be able to have a Vawa case approved either,since Vawa Unit will not consider his marriage valid for immigration purposes.

One possible option, there are others, but why he needs to speak to a good lawyer.

Wife files I 130 and I 485 including AP.

He uses AP. So now back on parole not admitted on K1.

Goes to adjustment interview, might be adjused but say not as his original basis for filing may not be considered valid even through he is now a Parolee rather than K1 admitted.

If that is the case then files another I 485 based on the approved I 130 and his current parolee presence.

As he technically never left he never triggered a ban getting back in.

Not ideal but this is the situation he is in and certainly worthy of consideration.

[JimVaPhuong 4,863]

One possible option, there are others, but why he needs to speak to a good lawyer.

Wife files I 130 and I 485 including AP.

He uses AP. So now back on parole not admitted on K1.

Goes to adjustment interview, might be adjused but say not as his original basis for filing may not be considered valid even through he is now a Parolee rather than K1 admitted.

If that is the case then files another I 485 based on the approved I 130 and his current parolee presence.

As he technically never left he never triggered a ban getting back in.

Not ideal but this is the situation he is in and certainly worthy of consideration.

From the I-131 form instructions:

A person who has been "paroled" has not been admitted to the United States and remains an "applicant for admission" even while paroled.

The most recent "admission" to the US would still be the K1 visa.

[Boiler 45,541]

Current status is what matters. You can adjust as a parolee. Obviously.

That is why I mentioned the second I485 might be needed. Seems a waste but may be the only way.

[Hypnos 6,576]

I doubt that's an option. An I-485 must be approvable at the time it's filed, which any I-485 filed by him on the basis of the K-1 would obviously not be.

He has no options to legally adjust status. K-1s only being eligible to adjust status based on marriage to their original petitioner was most recently confirmed by the Second Circuit Court of Appeals, Caraballo-Tavera vs. Holder, in 2012.

And even if he did, the federal government really shouldn't be in the business of rewarding the kinds of behaviour that the OP has described.

Edited December 24, 2014 by Hypnos

[Boiler 45,541]

I doubt that's an option. An I-485 must be approvable at the time it's filed, which any I-485 filed by him on the basis of the K-1 would obviously not be.

He has no options to legally adjust status. K-1s only being eligible to adjust status based on marriage to their original petitioner was most recently confirmed by the Second Circuit Court of Appeals, Caraballo-Tavera vs. Holder, in 2012.

And even if he did, the federal government really shouldn't be in the business of rewarding the kinds of behaviour that the OP has described.

That is why I mentioned the possibility of needing to file a second I 485 based on the parole entry.

Pretty sure COR and U would allow him to adjust, maybe VAWA as well. But no suggestion they are current options.

If you are here illegally and can do it through TPS, DACA, DAPA what is the difference?

[Hypnos 6,576]

VAWA is not an option since he didn't marry his K-1 petitioner.

CoR and U I would think are dead in the water / hail Mary shots with essentially zero chance of success.

[Boiler 45,541]

Just mentioning other theoretical options, people say never and that is not often the case.

Never looked into a VAWA where a K1 married someone other than the petitioner. I would be surprised if it was not possible.

[Jawaree 717]

You dodged the bullet of scam, you did

your part reporting it, never allow him to

come around and forget about him and sending

him home, he cannot adjust, but if that evil he can

claim a crime was committed against him, report

it to the police after having maybe a friend hit him

over the head,& visit a Dr...then he gets a U visa

[onye uwaoma 131]

That is why I mentioned the possibility of needing to file a second I 485 based on the parole entry.

Pretty sure COR and U would allow him to adjust, maybe VAWA as well. But no suggestion they are current options.

If you are here illegally and can do it through TPS, DACA, DAPA what is the difference?

Good question Boiler... I have read somewhere about k1 deserters marrying someone else. It's a common occurrence and that's why k1 visas are scrutinized for fraud especially...

[Darnell 8,478]

You dodged the bullet of scam, you did

your part reporting it, never allow him to

come around and forget about him and sending

him home, he cannot adjust, but if that evil he can

claim a crime was committed against him, report

it to the police after having maybe a friend hit him

over the head,& visit a Dr...then he gets a U visa

For the OP - she not make the step to report it, yet,

and

this concept of 'sending him home' - well, I've outlined what to do , to get a flag in the casefile via a visit to an FDNS officer,

but - concept of chasing a U visa - man - that's just bizarre - doable? unknown, but mondo bizarre.

Unsure what you're writing about, I have issues with verb tense and get confused easily.

[Sandra G. 5,048]

He does not qualify for COR. To qualify for cancellation of removal the alien has to establish continuous physical presence in the United States for 3 years.

He can't file Vawa either,since he did not get married to the K1 petitioner.

http://www.ca5.uscourts.gov/opinions%5Cpub%5C12/12-60891-CV0.pdf

Leaving the US, returning using AP, submitting AOS,well a GOOD lawyer won't suggest such stupid thing,since his chance to have the AOS approved is almost non existent.

[Transborderwife 4,666]

For the OP - she not make the step to report it, yet,

and

this concept of 'sending him home' - well, I've outlined what to do , to get a flag in the casefile via a visit to an FDNS officer,

but - concept of chasing a U visa - man - that's just bizarre - doable? unknown, but mondo bizarre.

Unsure what you're writing about, I have issues with verb tense and get confused easily.

Plus wouldn't a U visa require some sort of arrest?

[Boiler 45,541]

I have no idea as to whether he would be eligible for U etc, I was just mentioning it as a general comment on K1.

He currently is a K1 admitted with an overstay.

I have put forward one option, if it works for someone with no status to get into a status to adjust why not a K1.

[JimVaPhuong 4,863]

I have no idea as to whether he would be eligible for U etc, I was just mentioning it as a general comment on K1.

He currently is a K1 admitted with an overstay.

I have put forward one option, if it works for someone with no status to get into a status to adjust why not a K1.

If it actually worked then DACA program participants could also use it to overcome illegal entry and unlawful presence. That would create a loophole as big as a barn door, and there would be many thousands of DACA program participants doing this. I searched and couldn't find a single one.

What you're suggesting is that using advance parole effectively wipes the slate clean. It doesn't. As I pointed out, parole does not create a new class of admission. It allows someone to briefly leave the US and return without losing their class of admission or abandoning their AOS application. A hard rule for adjustment of status is that the applicant must be eligible to adjust both when the application is submitted AND when the application is approved. If parole changed their class of admission then every K1 who used advance parole would ultimately have to be denied AOS because they checked box "C" in section 2 of the I-485, and that application type would no longer be valid after they returned. I've heard of many people who have been denied AOS because USCIS concluded they weren't eligible for the application type they selected, but I've never heard of a K1 being denied because using AP changed their admission class.

If AP doesn't change the admission class of a K1 who complied with the terms of their visa then it also doesn't change the admission class of a K1 who didn't comply. In order to escape the conditions of the K1 they would need to leave and be admitted, not paroled, with a different admission class.

Edited December 25, 2014 by JimVaPhuong

[Boiler 45,541]

I have seen loads of examples, head over to i2us, probably the largest selection.

http://www.scottimmigration.net/content/chat-transcript-november-26-2014

Dacabelly is what it has become known as, you will see that Laurel Scott anticipates a million will benefit. Of course nobody knows but bound to be a lot.

To specifically answer your question you do not need status to adjust as an immediate relative, you need to have been inspected.