K-1 Gone Bad..... Please Help.

N

namecheckvictim

Registered Users (C)
I know some one that came to US on K-1, got married in 90 Days, Got his EAD and had his FP done but before they could have a interview and he could get his Conditional GC, the marriage went south and ended up in a divorce. Needless to say he moved out of ex-wife's place and don't know what happened with his I-485.
Now this guy wants to get married with another USC, he has long overstayed his K-1 and i am pretty confident that since he abandoned his I-485 he probably have removal orders as it has been about 4 years ago.
Can a K-1 overstay adjust status as a IR of a USC?
If he can, obviously he has to deal with the removal orders if he has any.
Does this guy have any hope?
 
One of the devils of the K1 visa is that the foreign applicant can ONLY AOS through the original petitioner (with the exception of strong VAWA cases).

So even without deportation procedures, he is SOL.

Once his 90 days of his I94 expired he began accruing out of status presence.

Once the marriage went south (and ESPECIALLY since he didnt get his GC) he should have returned home to avoid any potential US bars.

The only way he can AOS as an IR of a USC is by returning home, filing a CR1/IR1 visa and then applying for a waiver to overcome his re-entry ban (which is very difficult to get) since you say he is currently in his 4th year of overstay (and therefore has a 10 year re-entry ban once he leaves the US- which he will need to do to get this visa).

So as I said- since he entered on a K1 he cannot gain permanent resident status through anybody else other than through a legitimate marriage with the person who petitioned his K1.
 
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