Please need some help!

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conseco48

Registered Users (C)
I married a Filipino that came here to the U.S legally via K-1 visa, however that marriage did not work. Now her and I are married and was wondering if anyone could help me on how to file her paper work to get her visa though I am not the petitioner of the K-1??
Thanks
 
Is she still in the US?

If yes.......did she successfully AOS (gain a Green Card) based on her original marriage?

If she didn't then be prepared for a long process including her having to return to the Philippines (and waiting out any possible bans that she may have accrued) so that you can file for a spousal visa in order to get her back to the US. If she did not AOS from her original marriage she cannot AOS based on your marriage as the only way she gain a GC is through AOS based on marriage to the original K1 petitioner.
 
Yes, she is still in the U.S and she still has a little more time here. I called my called my local congress man and talked with his immigration advisor and she told me to fill out an I-130 form. She also said sine the marriage (petitioner) was abusive towards her, could help us if we had to get an immigration attorney. If you have any knowledge please help us.
Thanks!!
 
You could have filed an I-130 had she entered on any most other visas......however the rules of the K1 are very specific....if you want to adjust (get a GC) then you can only do so via the original petitioner.

You said the petitioner's ex was abusive? There could therefore be a case for vawa?? To what extent did this abuse occur?

What confuses me is that you say she still has a little more time left.....do you mean she still is within the 90day entry she was given? If so, then getting married, divorced and then re-married to someone who did not petition for her will raise huge red flags with USCIS.
 
So in laymans terms all this K-1 or any other K is pretty much (mail order brides) isn't that illegal?? You have to pay for the K-1 than the I-485, than the GC than the social secuirty card???
 
conseco48 said:
So in laymans terms all this K-1 or any other K is pretty much (mail order brides) isn't that illegal??
Click to expand...

Im confused by this statement?
A K1/K3/IR1/CR1 visa is a means to allow legitimate fiances and spouses of US citizens move over to the US and obtain permanent resident status- that's why the only way entrants on these visas can AOS (with the exception of IR1/CR1 as GC is granted upon entry to the US) is via the original petitioner.
So no, K1 isn't for mail order brides (which is really quite offensive as that means that I 'must' be a mail order bride despite living with my fiance and being in a relationship with him for 4 years before we got the visa and took the plunge)

conseco48 said:
You have to pay for the K-1 than the I-485, than the GC than the social secuirty card???
Click to expand...
1) You pay for the K1 petition
2) You pay for medical and K1 visa
3) Fiance enters US and you pay for AOS (this is the road to GC)
4) You dont pay for SS, this is free.


Though seeing as you are already married, then this doesnt apply as you will need to apply for a spousal visa.

How long after her divorce, and how long after her entry to the US did you marry?
How long of her 90 day entry does she have left?
 
Okay, sorry if I offended ya, but basically that is what is seems like you send USCIS money via mail and your bride to be is legal to enter the U.S. But thanks for the help I really needed it. Her I-94 date is June 7, 2010 but I called an immigration attorney and she advised me that she has an additional 180 days after that cause she was married in the 90 day window. So is there any other visa or something that we can do to switch it or what is the best option you think??
Thanks!
 
If the Petitioner Dies Or The Employer Otherwise Is Unable To Maintain The Petition
You may still be grandfathered if the:

Petitioner dies
Family member who filed the petition divorces you
Employer who filed the labor certification or subsequent Form I-140 goes out of business
Petitioner or the employer chooses to withdraw the petition or labor certification
Petitioner or employer is otherwise not able to maintain the petition or labor certification application.....
He is the one who wanted the divorce so does this help in anyway?? This is off USCIS.gov
 
With the K1, no!!!!
The ONLY person who she AOS through is the original petitioner.....as she is divorced from him and now married to you this is now a moot point.

The only 2 options she has is:
1) file vawa so she can get a GC herself due to abuse (not frivolous- no false accusations, and abuse must be thoroughly documented/proven to hold any water), but Im not sure whether this is possible now she is re-married.

2) Return to her home country and then you apply for a spousal visa to bring her back over to the US.

What specifically did the Immigration Attorney you talk to say about the 180 days?
Once the 90 days on her I-94 are through, if she hasnt submitted her AOS (getting married within this time doesnt make a jot of difference, its the filing of AOS which matters) she starts accruing out of status presence/overstay. Once she hits 180 of out of status presence, then once she leaves the US to persue a spousal visa, she will be slapped with a 3 year re entry bar (360 days of overstay= 10 year ban).
Had she still been with the original petitioner, then should she wish to go through AOS past the 90 days on her I-94 then she would file the I-130......however, you are NOT the original petitioner therefore this does not apply.
 
"You cannot stay longer than 6 months from the date your 1-94 card (the white card you got upon entering the usa) expires. If you stay more than 180 days after that date, then you will have a 3 year bar from coming back to the usa."
This is what the Immigration attorney told us.
 
It's not only best, its the ONLY way she can AOS. Go back to Phils, apply for spousal visa and then re-enter US.


I agree with what the immigration attorney said (it also mirrors what I said in my last post).

Good luck with what you decide to do.
 
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