K-1 married - divorced - remarried

L

luna1978

New Member
Hi,
I came in the US 4 ago by K-1 visa, during the 90 days we've got married but we didnt file for ajustment of status. During next 7 months my husband file a divorce and in 2009 we were officialy divorced even though we never get separated keep living together as a family. not long time ago we've got married again and want to file for ajustment of status. can we still do it as we supposed to do it 4 years ago when we got marriet at first time ? we also had domestic violence involved.... We love each other but we did a lot of mess ... after the last incedent with dv, the city attorney said to us that i need to fix my status through the wava and then being independant could think about marring him again (we were still divorced at this time) and she left a case open for two years.. that was about 6 months ago.... and now we got married again... will all this dv effect our case? Should i make a note that i married same person and that our first marrige was during 90 days? I also lost I-94 form, can we file all the forms concorrently?
thank you
 
Unique situation! If you married somebody else you definitely couldn't adjust status, but I don't know how it works if you divorce and remarry the same person who sponsored your K-1.

And if you are eligible for AOS, it's another interesting question regarding how they will count the 2 years of marriage -- will they add your first marriage and current marriage together, or will they only count the current marriage (I expect the latter, but I don't know).

Get a good immigration lawyer!
 
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luna1978 said:
Hi,
I came in the US 4 ago by K-1 visa, during the 90 days we've got married but we didnt file for ajustment of status. During next 7 months my husband file a divorce and in 2009 we were officialy divorced even though we never get separated keep living together as a family. not long time ago we've got married again and want to file for ajustment of status. can we still do it as we supposed to do it 4 years ago when we got marriet at first time ? we also had domestic violence involved.... We love each other but we did a lot of mess ... after the last incedent with dv, the city attorney said to us that i need to fix my status through the wava and then being independant could think about marring him again (we were still divorced at this time) and she left a case open for two years.. that was about 6 months ago.... and now we got married again... will all this dv effect our case? Should i make a note that i married same person and that our first marrige was during 90 days? I also lost I-94 form, can we file all the forms concorrently?
thank you
Click to expand...

Yes, you can file now but he will need to submit an I-130 along with your I-485 and I-765. Since you waited too long to file for adjustment, the I-129F is no longer used in place of the I-130. (forget the I-131--you would be barred from re-entry if you travelled abroad becuase you have unlawful presence, your K-1 was only good for 90 days)

The DV is unresolved and as such there is no final disposition of the case upon which any NTA could be issued. Work things out--get court orderd counselling or cut a deal with the DA to make it go away.

You will get a conditional status based on the most recent date of marriage. You will have time to work on fixing your marriage and an opportunity to show proof of that reconciliation during the I-751 petition process to lift conditions.
 
Thank you so much!!!!
the first things we were thinking about to file for I-131, so we could travel together and i could visit my family!!!!! didnt even think about my unlawful presence.....
thank you again!
p.s.: can i file I-120 (i-94 replacement) concorrently with all the other forms, and what should i write about my legal status - overstayed, illegal, i dont even know what i am, guess not legal anymore....
 
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I presume you didn't travel outside the US since entering with the K-1. So if you send a copy of the K-1 visa and the page in the passport where they stamped for your arrival with the K-1, you don't need the I-94.

Write "out of status" for your current status.

You also will need to include a cover letter explaining that you divorced and remarried the same person who filed the K-1, and provide a copy of both the old and new marriage certificates to show that you first married within 90 days after entering with the K-1.
 
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