K-1s are stuck with original petitioner for good immigration-wise - is this true?

[chicha 9]

Hi All,

I read something interesting on some lawyer's blog and would appreciate input, since there are always lots of conflicting/outdated information.

I know K-1 can only adjust status through marriage to the petitioner within 90 days. But what happens if the green card is denied at Removal of condition stage. Is it true that K-1 Fiancees cannot obtain F-1, H-1b, or job related adjustment of status again?

Thanks!

[Anitafeliz 1,133]

Why would it be denied?

[chicha 9]

Simply because there's no guarantee on I-751 approval and there are a few things against my bona fide divorce waiver (mostly insufficient documents and short length of marriage- wouldn't go there).

I have accumulated some personal "capital" in the country (6 years of schooling and 2 years of job) and would like to be prepared if my ROC is denied, what the next step would be. So I am very much concerned with this "K-1 cannot get on a dual intent visa like H1, cannot adjust status again through job" claim.

[Ontarkie 14,221]

~~Moved to Effects of Major Family Changes on Immigration Benefits from K1 P&P- As the OP is dealing with a divorce waiver for ROC~~

[Anitafeliz 1,133]

I would hire a good lawyer. This is my only suggestion as i am not familiar with the other visas. But if You are denied next step is removal proceedings.

You regarding applying for other visas when having had a k1 i would belive looks like you would be trying to find a second try at coming to stay....

BUT i dont know. thats just my opinion as an outsider looking in.

Edited August 26, 2016 by Anitafeliz

[aleful 1,905]

hi

yes in the future if you leave the country, if denied you will be out of status, you will loose your GC status and become undocumented

therefore, you can't get anything while living illegally in the country, and as said, you could be put in removal proceedings to be deported

it is always best to leave on your own, and maybe get a job in the future with an employer

[chicha 9]

hi

yes in the future if you leave the country, if denied you will be out of status, you will loose your GC status and become undocumented

therefore, you can't get anything while living illegally in the country, and as said, you could be put in removal proceedings to be deported

it is always best to leave on your own, and maybe get a job in the future with an employer

Right and I'm at multiple crossroads now. If ROC denied, I lose employment eligibility and need to wait to appear before immigration judge, or I can leave. My employer is generous with H1bs and Eb3, but as I'm conditional resident I told them as I was that I do not need sponsorship. I know if I'm out of status I need to leave the country until the new sponsor (now not fiance, but a company) initiate something.

So the question is whether a new sponsor can even petition on behalf of someone who had a K-1 and conditional green card on record.

K-1s can only adjust status through petitioner during marriage, that I understand - no AOS with a different person or different route like employment. But what about years later...

[aleful 1,905]

hi

you are correct, but what you are saying is for trying to adjust status within the country,

you came by fiancé visa, and you can only stay and get a GC through the fiancé petitioner, if you divorce and even remarry a USC, you can't adjust status

but all this is trying to stay no matter what in the US

if you leave, anything is possible down the road, you aren't stuck for the rest of your life, but if you stay illegally, then you are stuck with no way of adjusting status

[Ontarkie 14,221]

hi

you are correct, but what you are saying is for trying to adjust status within the country,

you came by fiancé visa, and you can only stay and get a GC through the fiancé petitioner, if you divorce and even remarry a USC, you can't adjust status

but all this is trying to stay no matter what in the US

if you leave, anything is possible down the road, you aren't stuck for the rest of your life, but if you stay illegally, then you are stuck with no way of adjusting status

She has already did her AOS, she's trying to ROC and worried about that being denied.

[chicha 9]

Yeah I am super conscious about not leaving black marks. And would like to know my options better with current employer before I approach the company lawyer with my situation (say if the answer is no, then I wouldn't want to rock the boat to begin with - better to wait and see if my ROC pans out or just leave the job if it doesn't).

[aleful 1,905]

hi

no, you are a LPR, they can't file an non immigrant petition for you

until you are denied, you are a legal permanent resident, no one can file for you

[Anitafeliz 1,133]

Get an attorney if you are so worried about denial.

They will begin remval proceedings if denied best to be preApared.

[Sandra G. 5,047]

The USCIS expanded the provisional waiver for people who entered the U.S. on a K-1 fiancée visa but did not marry the US citizen(petitioner) and got married to a different person, It becomes effective today( Aug 29,2016) the expansion of the provisional waiver for this category.

Edited August 29, 2016 by sandranj

[Merrytooth 5,748]

The USCIS expanded the provisional waiver for people who entered the U.S. on a K-1 fiancée visa but did not marry the US citizen(petitioner) and got married to a different person, It becomes effective today( Aug 29,2016) the expansion of the provisional waiver for this category.

Wow... so it will become more easy for someone to scam the original USC and marry the real lover in US??

Like this actual case scenario?

[Merrytooth 5,748]

Wow... so it will become more easy for someone to scam the original USC and marry the real lover in US??

Like this actual case scenario?

Forgot to add the thread link:

http://www.visajourney.com/forums/topic/604116-filipina-run-with-another-american/