Seeking for advice

[C-ma'am 684]

**Post moved from K1 to Effects of Major Family Changes on Immigration Benefits, where similar posts are discussed.

[Cathi 5,758]

You only have one choice. To go home. 

[Unlockable 7,314]

@Mrs.sandova

 

I hope you are not avoiding the accurate advice here only to seek an answer that will give you hope (which will be false hope). You can find someone to tell you that you have a way to change your status that will make you fill better but the problem is that will not be the truth.

 

You are mentioning everything from adjusting your status on your own to hardship waivers. If those were possible you would have been advised on it.

 

It seems you are at a stage of denial where you don't want to accept that the only legal path is to return home. Hopefully a competent lawyer (not one who will tell you what you want to hear just to get your money) if you choose to seek one will inform you of the advice you were given here. 

 

If you look at the visa your passport you will see you your husband's name on it. It is there for a reason. He is the only person you can adjust your status through. That is the process of the K1. 

 

Maybe you can return to your country, regroup, and find someone who will treat you better instead of continuing a life here with an uncertain future for you and your daughter.

Edited September 26, 2017 by NuestraUnion

[karice 29]

Can you clarify whether or not you took any action to pursue your residency after you entered the states on your K1? If not, you stayed in the US illegally and would have a difficult time getting another visa. As much as it may seem bad right now, going home and applying from there is very likely your safest bet.

[Jawaree 718]

OP its time to sit with your husband and work out how you'll go about getting legal since adjustment is not possible here now

The good thing is your new husband is willing to petition you & your child,you will have to leave to adjust, when one stays longer

out of status it can mess things up for them, its hard to pick up and leave with possibily of returning than to be deported , Start

working with a good experienced attorney....Try Ziroko Lopez for these matter. Immigration is federal you dont have to be in the

 state of TX where she is located google her Richardson TX

[Latonia 29]

We are all here to help each other but the best thing to do is get a immigration lawyer and focus on things from there....if you have to go back to your country at least talk to the immigration lawyer so you would have covered all the options before leaving but I greatly understand that you left everything in your country to be with some one who you believe to have good faith to marry you but that happens alot with some foreign fiancee's once they get here to the states and get married but you must seek a lawyer because thats the only way to fight this issue...you have 3 issues that is very serious 1.you did not do AOS 2. you got divorced and did not report it to the uscis 3. you got remarried shortly after your divorce which is gonna look very suspicious to why you remarried so soon after divorce.....we here on VJ will give you advice but your situation requires a lawyer because its very serious but I would tell you the first thing that could have helped you if you had not remarried is that once you got divorced you should have reported to the uscis that you got divorced and that you entered the marriage in good faith because you stated that he filed for divorce not you the USCIS would look at the date it was filed and when it became effective...a immigration lawyer is best for you at this point

[Boiler 45,576]

I assume the daughter is young, so will not have a ban on leaving, so that leaves the overstay and illegal work.

 

Illegal work is more an issue for the Employer.

 

Ban comes into place on leaving and as other have mentioned there is no basis to adjust in country. So i 601A for the overstay, I 130 for the Spouse visa, should not be that long a trip home to get a CR1 or possibly IR1 to come back.