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Crazy Cat

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Everything posted by Crazy Cat

  1. ***Duplicate thread remove. Do not re-post this topic**
  2. Nothing in your post suggests there is a way for her, as a K-1 entrant, to remain in the US. Unless she has documented abuse, the case is dead. The law is the law. There is no room for discretion.
  3. When they send the notice? How did you receive the notice?
  4. No translation needed......The form calls for it in the foreign language. I agree on the cut and paste.
  5. A vote to wait for an official marriage certificate. A record of solemnization is not a marriage certificate from what I have seen. Never give USCIS any ambiguity.
  6. ***One non-contributory comment removed***
  7. Other than the Marriage certificate, I think you are fine.
  8. Agree. But why? It expired 3 years ago, and was already used and voided. Seems harsh unless the officer thought it should not have been issued.
  9. Looks like he is marking it "used" and void. It was expired any way.
  10. There you go. That could be what they are looking at. Any contact with USCIS triggers a review of your entire immigration history.
  11. Had she legally entered the US any other way (other than a C/D visa holder & a couple more), you could marry and start the Adjustment of Status process all over. However, that is not how the process works for a person who enters via a K-1. Example: Had she entered the US via a spousal visa, you could marry and start the AOS process....or had she entered via B2 visa, you could marry and start the AOS process.
  12. Except US Immigration law.....and this administration isn't playing around.
  13. https://www.k1k3visalawyer.com/k-1-fiance-visa-adjustment-of-status-options/ "Unfortunately, the USCIS has consistently ruled that K-1 visa holders cannot adjust status except through marrying and adjusting status through the original K-1 visa petitioner. Recently the Second Circuit (the Federal Court encompassing New York City) agreed with the USCIS (Caraballo-Tavera v. Holder)."
  14. https://www.hooyou.com/k-1/k-1-restrictions.html The K-1 visa holder’s status cannot be adjusted unless he or she married the person who originally filed the petition, within 90 days of arrival to the US. If the K-1 visa holder meets someone else, they will be required to return to their home country and start the process over again.
  15. You will be fighting a losing battle which cause her to be banned from the US........If I were her, I would leave asap. We have seen many cases like this.
  16. Unfortunately, that is one of the risks of a K-1. She has no path to remain EXCEPT through the original petitioner.
  17. That's not how it works. A K-1 MUST adjust status through the original petitioner.
  18. She won't be getting a Green Card through the former marriage. Her legal path to remaining in the US is extremely unlikely based on what you posted. She will be out of status soon as USCIS will certainly deny her I-485 when they find out about the divorce. If I were her, I would leave the US now before accruing 6 months of unlawful presence. You can then start planning for a future life together.
  19. It can be if documented and if sufficiently meet the approval of a Consulate Officer.
  20. ***Old thread locked from further comments. Please ask questions as a new topic***
  21. This has happened before....almost identical to this It is likely, imo, that USCIS will find that letter and revoke the I-129f. In the case I remember, the I-485 was denied. They might want to withdraw the I-485, and immediately file a concurrent I-130 and another I-485. Just my opinion. They will likely have a lot of explaining to do. Legal representation is probably a good idea.
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