Expired K-1 visa and not adjustment of status

[Saved by Grace2 0]

A relative of mine came to this country 13 years ago using a K-1 visa, after 90 days she got married to her now husband, but her husband an American man didn't start her adjustment of status. Would she face deportation? Advise please on how she can protect herself from being removed from this country. Anyone with a similar story? Thanks for your contribution.

[TBoneTX 46,348]

Welcome to the forum!

 

Yes, she is out of status and has been subject to deportation for many years.  She should file for AOS immediately and carry copies of the most recent papers with her at all times:  copy of her cover-letter for the I-485 package, then the receipt letter from USCIS for that package, and every successive receipt letter.

 

She should file for work authorization at the same time.  It is probably not a good idea to file for Advance Parole (travel permission).

 

Others here may have additional advice.

[TBoneTX 46,348]

Additional point:  She should avoid airports, the 50-mile territory between the U.S.-Mexico and U.S.-Canada borders, and anywhere else CBP or ICE agents are expected to be.

 

To emphasize, she should file the I-485 as life's most urgent priority.

[Saved by Grace2 0]

Thank you for the warm welcome. I appreciate your prompt answer, the dilemma is that he ( her husband) doesn't want to do anything for her nor accept any help, and she is also unwilling to violate his will. I know that sounds very odd, but it is the truth. The last time like 10 years ago somebody stepped out to help her to start the process, like filing (which is the dreaded part he is not willing to do) and that was not a good ending between them, like a huge argument, bad nasty fight. Dunno know how to help.

[appleblossom 3,392]

2 minutes ago, Saved by Grace2 said:

Thank you for the warm welcome. I appreciate your prompt answer, the dilemma is that he ( her husband) doesn't want to do anything for her nor accept any help, and she is also unwilling to violate his will. I know that sounds very odd, but it is the truth. The last time like 10 years ago somebody stepped out to help her to start the process, like filing (which is the dreaded part he is not willing to do) and that was not a good ending between them, like a huge argument, bad nasty fight. Dunno know how to help.

 

Are they still married? 

[Saved by Grace2 0]

Yes, they are still.

 

[TBoneTX 46,348]

Either the husband must be convinced to file, or she's in a precarious position.

He must decide whether he dreads filing more than he dreads losing his wife to deportation.

Just because "it hasn't happened in 13 years" is an unhealthy rationale.

Edited yesterday at 07:01 PM by TBoneTX

[OldUser 8,032]

1 hour ago, Saved by Grace2 said:

Yes, they are still.

 

That's pretty strange that a husband would not want his wife to legalize. Any reasonable spouse, if wanting to continue building joint life, would help their immigrant spouse to get the legal papers. Looks like a toxic relationship. Why is she staying married to this person?

 

Without his cooperation, she has no protections.

Edited yesterday at 07:50 PM by OldUser

[appleblossom 3,392]

1 hour ago, Saved by Grace2 said:

Yes, they are still.

 

 

How odd. As @OldUser said, there’s no reason for him to not want her to become a legal resident, unless he likes keeping her dependent on him. He needs to understand that she’s at risk of being deported at any time, and with the current administration, that risk has substantially increased too. They need to sort it urgently. 

[Saved by Grace2 0]

Yes, it is indeed, I agree. It seems that he doesn't want to spend time filing papers and those matters. We do not know why in the first place brought her here, she can not work, drive, or anything at all. To make things worse her English is not the best and she doesn't want to create trouble, like she is accepting her fate. Without her consent, there's not much we can do. Idk.

[appleblossom 3,392]

Just now, Saved by Grace2 said:

Yes, it is indeed, I agree. It seems that he doesn't want to spend time filing papers and those matters. We do not know why in the first place brought her here, she can not work, drive, or anything at all. To make things worse her English is not the best and she doesn't want to create trouble, like she is accepting her fate. Without her consent, there's not much we can do. Idk.

 

He’ll have a lot more papers to file if she’s deported!

[OldUser 8,032]

1 minute ago, Saved by Grace2 said:

Yes, it is indeed, I agree. It seems that he doesn't want to spend time filing papers and those matters. We do not know why in the first place brought her here, she can not work, drive, or anything at all. To make things worse her English is not the best and she doesn't want to create trouble, like she is accepting her fate. Without her consent, there's not much we can do. Idk.

He doesn't have to spend time. If they pay the lawyer, lawyer would put the case together for them. He does need to spend money though.

 

So her fate, to a great degree, is being deported some time in the future.

Just now, appleblossom said:

 

He’ll have a lot more papers to file if she’s deported!

And pay a lot more to lawyers

[Saved by Grace2 0]

True, @appleblossom. That is my guest. They cannot discuss that topic without a fight. My understanding of this matter is that her AOS is not his priority, and it's been like that for 13 years.

[OldUser 8,032]

1 minute ago, Saved by Grace2 said:

True, @appleblossom. That is my guest. They cannot discuss that topic without a fight. My understanding of this matter is that her AOS is not his priority, and it's been like that for 13 years.

His wife is not a priority then... it doesn't look like a bonafide marriage, sadly.

Edited yesterday at 08:11 PM by OldUser

[Saved by Grace2 0]

18 minutes ago, OldUser said:

He doesn't have to spend time. If they pay the lawyer, lawyer would put the case together for them. He does need to spend money though.

 

So her fate, to a great degree, is being deported some time in the future.

And pay a lot more to lawyers

 That is one of the main reasons, he doesn't want to pay for anything!