NEED ADVISE PLS.!!!

[LRM2015 0]

Hi everyone. I am new here.. I really need advise on my situation right now. I entered US on a K1 visa. we got married. She filed AOS for me along with work permit. we live together for 2 months and I found out she's using drugs. she wants me to partake but I refuse. she kick me out her house. I moved to other state to be with my relatives. she filed a divorced. all of this happened last 2012-2013. I've got my work permit Jan. 2013 and started working on the same company until now. I've met a girl online last July 2014. got married last March 2015. have 2 kids now.. my questions are; AM I ILLEGAL HERE IN U.S? CAN MY WIFE FILE AOS FOR ME? WHAT SHOULD WE DO? PLS HELP.. I really want to fix my papers for my kids. Thank you so much for reading!!!

[NigeriaorBust 4,087]

What is the status of your original AOS filing ? IF she withdrew it then you are illegal and illegally working since the AOS was pulled/denied. As a K1 entrant you can only file AOS through the original petitioner. Do you have proof of her drug use ?

[LRM2015 0]

yup! she told the marriage councilor that she's using drugs.

[LRM2015 0]

Thanks for the info. nigeriaorbust.

[LRM2015 0]

I have my ssn and I am paying taxes since I started working..

[NigeriaorBust 4,087]

Your work authorization was based on your pending AOS , when it died so did your authorization. You might have an exemption under VAWA but Sanjay is the expert on that . You could post on the VAWA thread.

[Merrytooth 5,748]

https://www.uscis.gov/humanitarian/battered-spouse-children-parents/questions-and-answers-battered-spouses-children-and-parents-under-violence-against-women-act-vawa

Q. Can A Divorced Spouse Seek Relief By Filing A Form I-360?

A. Yes. Effective October 28, 2000, you may file a Form I-360 if the marriage was terminated within 2 years prior to the date of filing, if you can demonstrate a connection between the termination of the marriage and the battery or extreme cruelty. A battered spouse who cannot demonstrate such a connection may be eligible for battered spouse cancellation of removal. To qualify for battered spouse cancellation of removal, you must meet the other requirements that would be necessary for approval of a self-petition. In addition, you must have been physically present in the United States for 3 years immediately preceding the filing of the application for cancellation of removal, and you must demonstrate that your removal from the United States would result in extreme hardship to you or your child.

Your Form I-360 will be denied if you re-marry prior to the approval of the Form I-360. Remarriage after the Form I-360 has been approved will not affect the validity of the petition.

You don't qualify for VAWA since you already remarried.

And his first marriage to the USC was already terminated more than 2 years

Edited October 3, 2016 by Merrytooth

[LRM2015 0]

Thanks supertar member. so what this means? I am confused Im sorry..

[Cheezees 1,514]

Seek counsel.

[LRM2015 0]

Seek counsel.

Thank you cheezees.. I hope I get an expert advise on my situation.

[belinda63 3,038]

Always consult with an attorney. Based upon your entry on a K-1 you can only file to adjust status with the original petitioner. It sounds like you never got your green card so.....you have been out of status since your I-94 expired. Your work permit is expired and you are working illegally. The only way for you to obtain a green card is by a consular interview. You will also need a waiver since you will have a ban as soon as you leave the US. Consult with an attorney prior to taking any action that could have consequences (beyond what you have already done).

[Georgia16 2,858]

You didn't get your Green Card.

You don't have permission to work.

You can't file WAWA.

You are here Illegal.

And you can't adjust your status with any other the your original K-1 petitioner.

[Anitafeliz 1,133]

Oh boy people start wondering how to get out of the whole once its half filled with water...

Yeesh first all these questions should have come up before 2nd marriage.

Second get a lawyer but expect to pay ALOT and maybe have no help....SOLUTION.

Edited October 3, 2016 by Anitafeliz

[Penguin_ie 5,994]

**** Moving from K1 to Effects of Major Changes forum ******

[EM_Vandaveer 2,408]

You'll need a waiver and you have to do consular processing. Get a lawyer and ask if I-601A is an option for you.