Background: Entered US on K1 visa, got married, but never obtained green card. Petitioner files for divorce 2 years later. Foreigner has been unlawfully in country ever since (more than 1 year). Has 2 children with different USC and now wants to file for green card and marry USC. Been told that spousal petition would be denied based on original petitioner under K1 visa never completing process. Is this true? Was also told there would be a 10-year ban for having overstayed so long; however, found articles stating that time ban only applies to people that stay unlawfully then go overseas and want to come back. Therefore, not for people already in US that want to file for new status. Any advice/experience would be greatly appreciated.
K1 Visa, got married but divorced before green card approved
- Thread starter prinsweet
- Start date
I don't know why they never bothered finishing their application to get his/her green card. A big, lazy mistake it was. Yes, that spousal petition is long gone and void.
The second USC will have to figure out a way how to keep his/her spouse stay in the US. No way they can approach USCIS before they marry. The rule is that they should get married and have a marriage license THEN go to USCIS to apply to rectify his/her residency status to obtain a green card.
The problem is that he/she did not apply to get a green card from his/her previous marriage. Did they obtain a marriage license? And did they have a divorce paper? If they obtained a divorce paper, how did they manage to get it from a government office without having a green card? Maybe I am missing something. Not sure if I understood something about these two children. Do they belong to the 2nd USC? If it is the case that these two children came from the first couples, who has the custody to take care of the children?
It is a complicated situation and they certainly were not being careful. Now that she/he has not left the States, they will need a good laywer to fix the situation. That is all.
The second USC will have to figure out a way how to keep his/her spouse stay in the US. No way they can approach USCIS before they marry. The rule is that they should get married and have a marriage license THEN go to USCIS to apply to rectify his/her residency status to obtain a green card.
The problem is that he/she did not apply to get a green card from his/her previous marriage. Did they obtain a marriage license? And did they have a divorce paper? If they obtained a divorce paper, how did they manage to get it from a government office without having a green card? Maybe I am missing something. Not sure if I understood something about these two children. Do they belong to the 2nd USC? If it is the case that these two children came from the first couples, who has the custody to take care of the children?
It is a complicated situation and they certainly were not being careful. Now that she/he has not left the States, they will need a good laywer to fix the situation. That is all.
Triple Citizen
Registered Users (C)
K-1 status holders cannot AOS under any other sponsorship but through the sponsorship of the K-1 petitioner. Only exception is VAWA, which does not apply here.