Can you adjust status with a new spouse not original Petitioner

[dwheels76 5,468]

Can someone enlighten me I have been told by someone who's lawyer told them that K1's can now marry someone else after divorcing petitioner when they get here and adjust status with new spouse.

 

Here's the scenario. Beneficiary came here on k1. Married within 90 days started having issues separated never adjusted status and divorced. 2 years or so later meets someone else they marry. First they were told to file I-130 and they would have to interview back in their country. Then new lawyer says Oh no laws changed and you can now marry another  and they can petition you and adjust status and never have to leave country.

 

Is this correct? Or are they sadly misinformed? They filed adjustment of status last spring timer and are still waiting?

[payxibka 10,045]

1 minute ago, dwheels76 said:

Can someone enlighten me I have been told by someone who's lawyer told them that K1's can now marry someone else after divorcing petitioner when they get here and adjust status with new spouse.

 

Here's the scenario. Beneficiary came here on k1. Married within 90 days started having issues separated never adjusted status and divorced. 2 years or so later meets someone else they marry. First they were told to file I-130 and they would have to interview back in their country. Then new lawyer says Oh no laws changed and you can now marry another  and they can petition you and adjust status and never have to leave country.

 

Is this correct? Or are they sadly misinformed? They filed adjustment of status last spring timer and are still waiting?

Sadly misinformed

[dwheels76 5,468]

They said they self petitioned. How I have no idea. NO VAWA. I am so confused.

[NikLR 13,227]

Obviously they are as well.  LOL

[dwheels76 5,468]

2 minutes ago, NikLR said:

Obviously they are as well.  LOL

Hey Niki. LOL

[TNJ17 1,329]

Yeah that’s wrong. I might be wrong but I think that I f they never adjusted status, they’ve been illegally living there all this time which will most likely have a ban attached to it. They’ll most likely have to leave the country (if they don’t adjust status with original petitioner with a divorce waiver) and follow the CR1 route, if they’re already married, or K1 again if they’re not married. Either way beneficiary will have to wait for in their home country until issued. 

[geowrian 22,337]

They were wrong.*

 

*There is one exception (outside VAWA): Matter of Sesay. This permits a K-1 entrant to adjust status, although it's not tied to another spouse (although they can marry one if they want). This requires 1) the beneficiary can show the marriage was entered into in good faith, and 2) the original petitioner still wants to proceed with the I-864. It's an uphill battle that should be done with the assistance of a lawyer, but is technically permitted. It's not exactly "new" though...just very uncommon.

[Ebunoluwa 6,136]

2 hours ago, geowrian said:

They were wrong.*

 

*There is one exception (outside VAWA): Matter of Sesay. This permits a K-1 entrant to adjust status, although it's not tied to another spouse (although they can marry one if they want). This requires 1) the beneficiary can show the marriage was entered into in good faith, and 2) the original petitioner still wants to proceed with the I-864. It's an uphill battle that should be done with the assistance of a lawyer, but is technically permitted. It's not exactly "new" though...just very uncommon.

^^ This.

A steep hill to climb where you sometimes come tumbling down but an option to try.

[dwheels76 5,468]

22 hours ago, geowrian said:

They were wrong.*

 

*There is one exception (outside VAWA): Matter of Sesay. This permits a K-1 entrant to adjust status, although it's not tied to another spouse (although they can marry one if they want). This requires 1) the beneficiary can show the marriage was entered into in good faith, and 2) the original petitioner still wants to proceed with the I-864. It's an uphill battle that should be done with the assistance of a lawyer, but is technically permitted. It's not exactly "new" though...just very uncommon.

Lawyer told them that current wife can be the sponsor for I-864 so that's what they did for his self file.

[dwheels76 5,468]

19 hours ago, Ebunoluwa said:

^^ This.

A steep hill to climb where you sometimes come tumbling down but an option to try.

They been waiting since April 2017 when they file. We shall see. The case Status has said since June "Waiting for Interview to be scheduled". So we shall see. I will keep ya'll posted.

[Scandi 4,166]

It's a little bit strange how you can't adjust via a new spouse when you did everything according to the book to come here on a K-1 and get married to the petitioner.

 

How does it work for someone who

 

1. doesn't go through the visa process,

2. comes here on VWP,

3. marries a USC,

4. is petitioned for by this USC, 

5. divorces the USC/petitioner after the petition has been approved,

6. finds someone new to marry

 

...can this new person petition for the foreigner? If so, sounds a little odd to me that that's perfectly allowed but someone who came on a K-1 can't adjust via someone else?

[payxibka 10,045]

1 minute ago, Scandi said:

It's a little bit strange how you can't adjust via a new spouse when you did everything according to the book to come here on a K-1 and get married to the petitioner.

 

How does it work for someone who

 

1. doesn't go through the visa process,

2. comes here on VWP,

3. marries a USC,

4. is petitioned for by this USC, 

5. divorces the USC/petitioner after the petition has been approved,

6. finds someone new to marry

 

...can this new person petition for the foreigner? If so, sounds a little odd to me that that's perfectly allowed but someone who came on a K-1 can't adjust via someone else?

It is one of the well documented restrictions on the issuance of the K-1.  By receiving the K-1 visa you acknowledge and accept all the restrictions the visa has attached to it.  Period.

[Scandi 4,166]

12 minutes ago, payxibka said:

It is one of the well documented restrictions on the issuance of the K-1.  By receiving the K-1 visa you acknowledge and accept all the restrictions the visa has attached to it.  Period.

I never questioned that, I know that's the case. I just want to know if the above scenario is possible/allowed and if it is I find it weird how much more "freedom" you have in that regard when skipping the K-1 part.

 

Overall I find it weird how you can come here as a tourist, get married and adjust status, but that's another story.

Edited January 23, 2018 by Scandi

[NikLR 13,227]

Because ita illegal to intend to aos as a tourist when entering the country.

Edited January 23, 2018 by NikLR

[Ontarkie 14,231]

Someone AOS'ing from a tourist visa is most likely did not come to the US by using the USC. Then turning right around and marrying the person they intended to all along.