I came to the US with K1 visa and didn't go back. What do I need to do now?

[Mahsa8181 0]

I came to the US with K1 visa. Things didn't work out good between us, so I didn't get married with her. I got married with someone else and stayed in the US and didn't go back. I've been married for two years now. Now, that my wife got her Citizenship and wanted to apply for me, she was told she can't. We spoke to different lawyer and each says different things. I've been told that I have to go back and then apply, but it can take several years. Is there anybody that had the same situation that can help me and tell me what to do? Does anybody know any good lawyer who can help me? Did anybody have the same case in before?

[Bobby+Umit 161]

Nope - sorry.

You are illegal.

You can't AOS, since you didn't marry the initial K-1 sponsor. You can't do what you did. (marry someone else while here)

Best option is to go back home, and have your wife file a CR-1.

Of course, you will need a waiver for the overstay. Which is in the 10 year ban area.

The lawyers are correct - check the instructions yourself (485) - clearly states, you had to marry the K-1 petitioner to AOS.

[Otto 83]

Cases like/similar-to yours come up now and then - it isn't easy. Your (now) wife could try to petition for you - but the outcome may not be what you want or expect.

What ever you do - do not try to do it yourself - this would definitely be one of those times to get qualified help. You'll need a qualified family-based immigration attorney - there are many around and you can see ads for them in various places on VJ. Beware of any who promise you exceptional results.

[sjr09 155]

I came to the US with K1 visa. Things didn't work out good between us, so I didn't get married with her. I got married with someone else and stayed in the US and didn't go back. I've been married for two years now. Now, that my wife got her Citizenship and wanted to apply for me, she was told she can't. We spoke to different lawyer and each says different things. I've been told that I have to go back and then apply, but it can take several years. Is there anybody that had the same situation that can help me and tell me what to do? Does anybody know any good lawyer who can help me? Did anybody have the same case in before?

No way around it! You are..... Illegal

[Kathryn41 3,205]

Someone coming to the US on a K-1 visa is only allowed to adjust status and remain in the US while married to their original petitioner. If they do not get married to the original petitioner they are not allowed to marry someone else, remain in the country and adjust status. If they marry someone else, they are required to leave the US and their new partner start the immigration process all over again.

You have no legal recourse to remain in the US, and because you have been here illegally for at least 2 years, you will have a 10 year ban on returning to the US when you leave.

You will need to leave the US, however, in order to return legally and live here with your wife. Your wife will need to petition for you to obtain a CR-1/IR-1 visa, then when you are denied for the visa at the Consulate, you would apply for a waiver of the 10 year ban on admissibility. It cannot be done from within the US. If you wish to live legally in the US you have no other recourses.

[Chica Yeyé 41]

I came to the US with K1 visa. Things didn't work out good between us, so I didn't get married with her. I got married with someone else and stayed in the US and didn't go back. I've been married for two years now. Now, that my wife got her Citizenship and wanted to apply for me, she was told she can't. We spoke to different lawyer and each says different things. I've been told that I have to go back and then apply, but it can take several years. Is there anybody that had the same situation that can help me and tell me what to do? Does anybody know any good lawyer who can help me? Did anybody have the same case in before?

You are out of status since you did not marry within 90 days of arrival. Translation: you are an illegal and are subject to deportation. What can you do? Go back home an apply for a spousal visa from there. You will need a waiver for overstay.

[rebeccajo 14]

Did you know your present wife before you came to the US?

[SuperDuper! 230]

Hope you got the msg here, sir: You are illegal. You must go back to the end of the line and start over. Good luck.

[Mahsa8181 0]

I know that I have to go back now and apply for a waiver. Do you know if there is a chance that they would approve it and I wouldn't have to wait 10 years?

Someone coming to the US on a K-1 visa is only allowed to adjust status and remain in the US while married to their original petitioner. If they do not get married to the original petitioner they are not allowed to marry someone else, remain in the country and adjust status. If they marry someone else, they are required to leave the US and their new partner start the immigration process all over again.

You have no legal recourse to remain in the US, and because you have been here illegally for at least 2 years, you will have a 10 year ban on returning to the US when you leave.

You will need to leave the US, however, in order to return legally and live here with your wife. Your wife will need to petition for you to obtain a CR-1/IR-1 visa, then when you are denied for the visa at the Consulate, you would apply for a waiver of the 10 year ban on admissibility. It cannot be done from within the US. If you wish to live legally in the US you have no other recourses.

[Krikit 1,164]

I know that I have to go back now and apply for a waiver. Do you know if there is a chance that they would approve it and I wouldn't have to wait 10 years?

Yes, it is possible. You will need to start reading in The Waivers Forum.

[Mahsa8181 0]

I know that I have to go back now and apply for a waiver. Do you know if there is a chance that they would approve my waiver and I wouldn't have to wait 10 years? How long does it normaly take to do the process and come back?

Thanks

[Krikit 1,164]

Again, you will find your answers in the Waiver Forum.

[Marina-Del 10]

Can I ask what you have been doing for the last 2 years? What type of work were you able to get since you've been illegal since you married that person 2 years ago?

[Mahsa8181 0]

I didn't work at all. My wife worked. The problem is we didn't have all the information about the K1 Visa. When my wife and I decided to stay and get married, we called a lawyer. She told us yes we could get married; however, my wife wouldn't be able to apply for me until she gets her Citizenship. After she got her Citizenship and wanted to apply for me, then we realized what a big mistake we made. The only thing that we knew these couple of years it was that I was illigal and couldn't work and have SS, so I didn't work at all. Now we're stuck.

Can I ask what you have been doing for the last 2 years? What type of work were you able to get since you've been illegal since you married that person 2 years ago?

[Marina-Del 10]

And what type of qualifications did this lawyer have that you talked to?

I'm truly sorry for your situation since it seems like you at least *tried* to get the proper information in the beginning. But didn't you think that there would be some sort of consequence for you staying in the US illegally for 2 years??