K1 VISA and Remarry

T

trueamerican

Registered Users (C)
I came here in on K1 visa and got married within 90 days of arrival. My husband did not apply for adjustment of status for another six months of marriage and then he divorced me. Now, someone else is interested in marrying me. My question is can I stay in USA until my divorce is finalized and remarry gaian. Do I have to go back to remarry. Will this impact re-entry into USA.

thanks
pooja
 
The rules of the K1 state that in order to adjust status you can only do so through the original petitioner (ie, your first husband), so unfortunately you cannot adjust status with your new fiance.

In order to be able to get a GC through your new fiance you will need to return back to your home country and apply for a new K1 with him petitioning for you, or get married now in the US and return to your home country and apply for a spousal visa.

One problem you may have though is that after 90 days of your entry into the US, because you did not file for AOS, you became out of status and started accruing overstay days. Once you have overstayed 180 days then as soon as you leave the US (to pursue your fiance/spousal visa) you will automatically be subject to a 3 year re-entry band to the US (a 10 year ban if the overstay is 360 days or more).
 
Another problem might be, a much tougher K-1 interview. Consul may determine that the applicant is only interested in getting a GC, it does not matter who the K-1 sponsor is.

elcupacabras said:
One problem you may have though is that after 90 days of your entry into the US, because you did not file for AOS, you became out of status and started accruing overstay days. Once you have overstayed 180 days then as soon as you leave the US (to pursue your fiance/spousal visa) you will automatically be subject to a 3 year re-entry band to the US (a 10 year ban if the overstay is 360 days or more).
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