Overstay - k1- visa interview soon

[Katelyn 2]

Hi, my fiancé has her K-1 visa interview next week. 

When we started this process, she was here visiting when we decided we wanted to see what we could do so she could eventually be here with me. We hired a lawyer. Long story short, he lied to us, took advantage of us knowing we were young and uneducated on immigration and such. He told us she could stay in the U.S with me while we filed. She overstayed 120 days, but she left as soon as we talked to another lawyer and found out she’s WASNT allowed to be here. The lawyer stopped contacting us, and wouldn’t admit his lies and manipulation. Has anyone dealt with overstaying and still been approved and do you think she will be approved or denied? Her interview is in Montreal, Canada and she was here in the U.S. just with her passport. 

[Boiler 45,585]

120 days is not long enough to incur a ban, surprised your second Lawyer did not mention this.

[JMPM 507]

File a complaint with the bar association that is in your state. A lawyer like that shouldn't be practicing law. 

[aaron2020 11,651]

There were no lies or manipulations.

 

If she entered the US legally, then it was perfectly fine for her to adjust status as the spouse of a US citizen even if she overstayed.  The first attorney was correct.  

 

The second lawyer was wrong.  You made a giant mistake by letting her leave.

 

There is no reason for the first lawyer to admit to "lies and manipulation" because that didn't happen.  You got a bad second opinion and you took it.  He doesn't have to talk to you if you are no longer a client and is represented by another attorney.

 

Your second lawyer is incompetent.  He should have told you that a 120 day overstay will have ZERO impact on the K-1.

You made the mistake.  The first lawyer didn't make any mistakes.   You blew it by listening to the second lawyer.

 

 

 

 

 

[Katelyn 2]

19 minutes ago, aaron2020 said:

There were no lies or manipulations.

 

If she entered the US legally, then it was perfectly fine for her to adjust status as the spouse of a US citizen even if she overstayed.  The first attorney was correct.  

 

The second lawyer was wrong.  You made a giant mistake by letting her leave.

 

There is no reason for the first lawyer to admit to "lies and manipulation" because that didn't happen.  You got a bad second opinion and you took it.  He doesn't have to talk to you if you are no longer a client and is represented by another attorney.

 

Your second lawyer is incompetent.  He should have told you that a 120 day overstay will have ZERO impact on the K-1.

You made the mistake.  The first lawyer didn't make any mistakes.   You blew it by listening to the second lawyer.

 

 

 

 

 

He was telling us that when we were accepted with the I-797 that “we could get married then” and that our “90 days started then”. Telling us that she was allowed to be in the US while waiting for her k-1 visa interview in Canada. Which he knew she shouldn’t have been here. And we asked him several times and he continuously told us that she’s could be in the US.  

The second lawyer we spoke to is one of the top immigration lawyers. He stopped speaking to us before I even talked to another lawyer. She’s my fiancé, not my spouse, therefore we couldn’t file for AOS. 

[myjourney2018 52]

21 minutes ago, aaron2020 said:

There were no lies or manipulations.

 

If she entered the US legally, then it was perfectly fine for her to adjust status as the spouse of a US citizen even if she overstayed.  The first attorney was correct.  

 

The second lawyer was wrong.  You made a giant mistake by letting her leave.

 

There is no reason for the first lawyer to admit to "lies and manipulation" because that didn't happen.  You got a bad second opinion and you took it.  He doesn't have to talk to you if you are no longer a client and is represented by another attorney.

 

Your second lawyer is incompetent.  He should have told you that a 120 day overstay will have ZERO impact on the K-1.

You made the mistake.  The first lawyer didn't make any mistakes.   You blew it by listening to the second lawyer.

 

 

 

 

 

can you explain further, I'm quite confused because wouldn't she need to leave at some point to go back to Canada for her interview?  

[Boiler 45,585]

You could have married and adjusted.

[Katelyn 2]

Just now, myjourney2018 said:

can you explain further, I'm quite confused because wouldn't she need to leave at some point to go back to Canada for her interview?  

Yes, which is why we decided to get a second opinion once he started ignoring our phone calls, emails, etc. We spent around $4,000 just for his help plus filing. He told us she could “stay in the US until her interview date” 

 

 

[Boiler 45,585]

2 minutes ago, Katelyn said:

Yes, which is why we decided to get a second opinion once he started ignoring our phone calls, emails, etc. We spent around $4,000 just for his help plus filing. He told us she could “stay in the US until her interview date” 

 

 

if you were going to marry and adjust she could have.

[aaron2020 11,651]

6 minutes ago, myjourney2018 said:

can you explain further, I'm quite confused because wouldn't she need to leave at some point to go back to Canada for her interview?  

Since she entered legally, they could have gotten married in the US and file to adjust her status as the spouse of a US citizen.  There was no need for her to leave at all.

It seems kinda stupid to apply for a  K-1 visa in Canada to enter the US to marry when the person was already in the US and could have married and legally adjusted status even with an overstay.

[aaron2020 11,651]

8 minutes ago, Katelyn said:

He was telling us that when we were accepted with the I-797 that “we could get married then” and that our “90 days started then”. Telling us that she was allowed to be in the US while waiting for her k-1 visa interview in Canada. Which he knew she shouldn’t have been here. And we asked him several times and he continuously told us that she’s could be in the US.  

The second lawyer we spoke to is one of the top immigration lawyers. He stopped speaking to us before I even talked to another lawyer. She’s my fiancé, not my spouse, therefore we couldn’t file for AOS. 

What's the difference of marrying back then and adjusting status vs applying for a K-1 to marry now and adjust status?

[Katelyn 2]

1 minute ago, aaron2020 said:

Since she entered legally, they could have gotten married in the US and file to adjust her status as the spouse of a US citizen.  There was no need for her to leave at all.

It seems kinda stupid to apply for a  K-1 visa in Canada to enter the US to marry when the person was already in the US and could have married and legally adjusted status even with an overstay.

The first lawyer is the one who told us to do the K-1 visa. 

[aaron2020 11,651]

4 minutes ago, Katelyn said:

Yes, which is why we decided to get a second opinion once he started ignoring our phone calls, emails, etc. We spent around $4,000 just for his help plus filing. He told us she could “stay in the US until her interview date” 

 

 

If the both lawyers knew that she legally entered the US, then both are incompetent for not telling you to marry and adjust status.  An overstay would have been forgiven. 

 

[aaron2020 11,651]

1 minute ago, Katelyn said:

The first lawyer is the one who told us to do the K-1 visa. 

Incompetent.  Should have told you to get marry and adjust status.

 

Second lawyer is equally incompetent.  Should have told you to abandon the K-1 and just marry and adjust status without leaving the US.

[Katelyn 2]

Just now, aaron2020 said:

If the both lawyers knew that she legally entered the US, then both are incompetent for not telling you to marry and adjust status.  An overstay would have been forgiven. 

 

If I knew that then, trust me I would have done it. I was 18 and I had 0 knowledge on any of this. And I made the mistake of trusting someone who shouldn’t have been trusted. My only question is, is there a high chance she’ll Be denied at then k-1 visa interview?