Invalid K 1

[aidan80 9]

I am posting here to help my friend.

I will make the story short without going to many details how this stupid situation happened in the first place. She married her now ex husband in Jamaica and entered U.S. on K1 visa. Her ex husband filed I 485 and let the immigration know about the marriage in Jamaica. Of course, her application for adjustment of status was denied.

She got the letter from the immigration stating if she does not leave U.S. as soon as possible she would be inadmissible to the U.S. in the future.

My question is if there is any waiver or any hypothetical situation that could still allow her to get a permanent residence in the U.S.?

Thank you for sharing your thoughts and knowledge.

I'm lost here.. you said "she married her ex husband in Jamaica and entered U.S on K1 visa" You can't enter on a K1 if your already married? Filing for a K1 then entering on it while married is fraud. That alone is enough to have her removed. Since she's no longer married to her husband she's not got or really ever had a legal leg to stand on in order to get through AOS. Anyone moving to a country that not speaking your language should do one of two things, learn the language (no matter how backwards and confusing) or be prepared to be out in the cold communication wise while in that country. If I were you I'd have her leave before she goes beyond the grace period provided by USCIS otherwise expect her to be detained and removed eventually. Depending on the length of her overstay she might be barred from retry for a period up to 10 years. That is unless she hires a lawyer to find a way to remain which will be costly not to mention she'll need an interpreter. This is assuming she doesn't bump into husband number two before she's removed and proceedings are started for AOS.

Edited November 21, 2016 by aidan80

[EM_Vandaveer 2,408]

I'm lost here.. you said "she married her ex husband in Jamaica and entered U.S on K1 visa" You can't enter on a K1 if your already married? Filing for a K1 then entering on it while married is fraud. That alone is enough to have her removed. Since she's no longer married to her husband she's not got or really ever had a legal leg to stand on in order to get through AOS. Anyone moving to a country that not speaking your language should do one of two things, learn the language (no matter how backwards and confusing) or be prepared to be out in the cold communication wise while in that country. If I were you I'd have her leave before she goes beyond the grace period provided by USCIS otherwise expect her to be detained and removed eventually. Depending on the length of her overstay she might be barred from retry for a period up to 10 years. That is unless she hires a lawyer to find a way to remain which will be costly not to mention she'll need an interpreter. This is assuming she doesn't bump into husband number two before she's removed and proceedings are started for AOS.

Apparently she has VAWA pending/is in the process of filing VAWA. She can stay until that's adjudicated. However, even if it's approved she may not be able to AOS.

[tanyanpc 2]

Aidan80 and EM_Vandaveer, thank you very much for your replies. I understand the gravity of her situation but it never hurts to ask. People sometimes are not very smart but not necessary have bad intentions. She trusted her husband (who is a lawyer by the way) and her marriage and immigration situation ended up miserably.

We speak the same language and I am helping her. What would happen if she marries someone else right now? I think if she leaves U.S. she will never be allowed another entry.

Thank you again.

[EM_Vandaveer 2,408]

Aidan80 and EM_Vandaveer, thank you very much for your replies. I understand the gravity of her situation but it never hurts to ask. People sometimes are not very smart but not necessary have bad intentions. She trusted her husband (who is a lawyer by the way) and her marriage and immigration situation ended up miserably.

We speak the same language and I am helping her. What would happen if she marries someone else right now? I think if she leaves U.S. she will never be allowed another entry.

Thank you again.

If she remarries her VAWA will automatically be denied.

[tanyanpc 2]

EM_Vandaveer, thank you for reply. What happens if she gets married? My questions may sound fishy but it is actually a real situation. Thank's.

[Ash.1101 1,756]

If it is a REAL situation, then it's a FISHY real situation.

Technically if she got married she COULD AOS again based off marriage, but AOS does -NOT- gaurentee a green card. No IO in their right mind would think that she had a bonafide marriage with her new spouse and give her a green card.

Remember, they can see EVERYTHING that immigration has dealt with for her. They'll see that they asked her to leave, and they'll see her response to leaving as marrying another USC to circumvent having to leave.

I'm sure you're trying to find ways for your friend to stay, but the ONLY way she -MIGHT- be able to stay is if an immediate relative petitions for her, so spouse, mother, father, etc. But at the moment, she has a mark in her record most likely showing she applied and recieved K1 even though she was already married, applied for AOS that was denied because she came in on a K1 she shouldn't have had, and then if she marries, that just makes it look worse.


Getting married does NOT entitle her to a green card. It is not a fix all thing. She'd have to prove she's legit when all the proof is against her.

She currently has no basis as to stay in the US, she needs to leave before she ends up being banned.

Edited November 21, 2016 by Ash.1101

[EM_Vandaveer 2,408]

EM_Vandaveer, thank you for reply. What happens if she gets married? My questions may sound fishy but it is actually a real situation. Thank's.

Like I said. If she remarries her VAWA will automatically be denied.

In terms of will she eventually be able to immigrate based on the new marriage, is anyone's guess. Most likely not, at least not without leaving and filing from abroad, most likely followed by being denied and having to file a waiver. It may be possible, but it would not be an easy or quick process.

If it is a REAL situation, then it's a FISHY real situation.

Technically if she got married she COULD AOS again based off marriage, but AOS does -NOT- gaurentee a green card. No IO in their right mind would think that she had a bonafide marriage with her new spouse and give her a green card.

Remember, they can see EVERYTHING that immigration has dealt with for her. They'll see that they asked her to leave, and they'll see her response to leaving as marrying another USC to circumvent having to leave.

I'm sure you're trying to find ways for your friend to stay, but the ONLY way she -MIGHT- be able to stay is if an immediate relative petitions for her, so spouse, mother, father, etc. But at the moment, she has a mark in her record most likely showing she applied and recieved K1 even though she was already married, applied for AOS that was denied because she came in on a K1 she shouldn't have had, and then if she marries, that just makes it look worse.

Getting married does NOT entitle her to a green card. It is not a fix all thing. She'd have to prove she's legit when all the proof is against her.

She currently has no basis as to stay in the US, she needs to leave before she ends up being banned.

How could she file for AOS based on a new marriage when she originally entered on a K-1?

[Ash.1101 1,756]

Like I said. If she remarries her VAWA will automatically be denied.

In terms of will she eventually be able to immigrate based on the new marriage, is anyone's guess. Most likely not, at least not without leaving and filing from abroad, most likely followed by being denied and having to file a waiver. It may be possible, but it would not be an easy or quick process.

How could she file for AOS based on a new marriage when she originally entered on a K-1?

The K-1 was rendered invalid because she was already married, and she's divorced the guy she came in on the K-1 visa. I'd assume it'd be akin to marrying when you're on a tourist visa, or even out of status. Married, in the US, do a I-130+1-485 combo. Normally she'd have to adjust with the person she K-1'd with, but since her K-1 is invalid, and she's already divorced that person, she shouldn't be bound to the having to adjust with the spouse you did K-1 with rule.

^This is all assuming though that they don't hold up the bargain of coming in on a K-1 marry the person who petitioned for you. They could totally render it invalid and then tell her she would still be bound to AOS with the petitioner, but it seems like she got off easy with the please leave.

Again though, I think the whole things incredibly fishy and she should just go back. I can't see them approving her based on new marriage, that would blow my mind.

Also, I took the OP's question of "What if she gets married" as in What if she gets married while IN the US. I don't think she's going to leave and get married, the whole thread seems to be finding a way to keep her here.

Edited November 21, 2016 by Ash.1101

[tanyanpc 2]

Thank you for your responses.

She got a K1 visa first and then they met in Jamaica and married there just a few days before entering the U.S.

Ash.1101, I don't think she could adjust her status based on a new marriage. I think she would have to leave the country and try to file for a spouse visa in her original country. Speaking of marriage - it would only be bonafide. Why would any U.S. citizen want to have a fake marriage? She surely does not have that kind of money.

I think her best bet is to try for VAWA. She has plenty of evidence of abuse.

Thank you.

[Ash.1101 1,756]

USC's that end up in fraud marriages don't realize they're in fraud marriages, it's the foreign person that knows whether it's real or not in these cases.

Good luck with VAWA, like other said, it may not be a 100% fix for her to stay. It may just be in her best interest to go home.

[Unlockable 7,314]

The VAWA could be denied also.

[Ontarkie 14,237]

~~Moved to Effects of Major Family Changes from K1 P&P - As similar topics are discussed here.~~

[TBoneTX 45,394]

Seven off-topic posts have been removed.

VJ Moderation

[Boiler 45,585]

There is also the U Visa.

[Sandra G. 5,049]

She came to the U.S with a K1 visa but she was married to her husband in Jamaica, well in this case she can file VAWA and if ger vawa is approved she has to file a waiver for fraud and misrepresentation along with her new AOS. Her waiver probably will be denied because she has no ties here. I filed an waiver for a similar case and the waiver was approved but she was here for 14 years and have 3 children, but your friend has no ties to argue hardship in her waiver.

Here is one problem if she doesn't speak English how would she work here,pay rent and bills?