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K-1 Visa Problems & INA 245(d)

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  • K-1 Visa Problems & INA 245(d)

    Client enters U.S. on K-1 Visa 31 March 2001.
    Marries fiance 111 days later on 20 July 2001.
    They divorce 13 Nov 2002.
    Client marries LPR 8 January 2003.
    She files I-130 28 February 2003.
    I-130 approved with priority date of 25 February 2003. She naturalizes and petition amended to that of U.S. citizen.
    I-485 filed 14 July 2005 and denied 7 Jan 2008. USCIS denies stating that client not eligible to adjust per INA 245(d).

    Doesn't 245(d) pertain to conditional LPR's? Is there any hope for this man? Thank you.

  • #2
    Client enters U.S. on K-1 Visa 31 March 2001.
    Marries fiance 111 days later on 20 July 2001.
    They divorce 13 Nov 2002.
    Client marries LPR 8 January 2003.
    She files I-130 28 February 2003.
    I-130 approved with priority date of 25 February 2003. She naturalizes and petition amended to that of U.S. citizen.
    I-485 filed 14 July 2005 and denied 7 Jan 2008. USCIS denies stating that client not eligible to adjust per INA 245(d).

    Doesn't 245(d) pertain to conditional LPR's? Is there any hope for this man? Thank you.

    Comment


    • #3
      So, looks like the first marriage was over before he got GC.

      In general, INA 245(d) deals with the bars for adjustment under other basis; including "An individual who enters the U.S. on a K-1 visa is barred from adjusting status on any ground other than through marriage to the U.S. citizen petitioner"
      U.S. citizen petitioner means the original petitioner, the one that petitioned for K1 visa.

      Don't tell us that "client" has a professional "consultant" who did not see this coming...

      Comment


      • #4
        I see 2 issues:
        1. Under the K-1 visa, the alien must conclude a valid marriage to the petitioner within 90 days.

        This alien concluded the marriage in 111 days, therefore, the terms of the K-1 visa were not followed.

        2. The K-1 visa is restrictive in terms of adjustment of status. It requires that the alien marry and adjust status by way of marriage to the initial petitioner.

        What happened to immigration process of the alien between the 20th July 2001, and November 2002 when they divorced. Did they submit an application to adjust status?

        If they did not, then this alien accumulated out of status time approximating 2 years that marriage to an LPR could not overcome.

        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Harvey Eilbaum:
        Client enters U.S. on K-1 Visa 31 March 2001.
        Marries fiance 111 days later on 20 July 2001.
        They divorce 13 Nov 2002.
        Client marries LPR 8 January 2003.
        She files I-130 28 February 2003.
        I-130 approved with priority date of 25 February 2003. She naturalizes and petition amended to that of U.S. citizen.
        I-485 filed 14 July 2005 and denied 7 Jan 2008. USCIS denies stating that client not eligible to adjust per INA 245(d).

        Doesn't 245(d) pertain to conditional LPR's? Is there any hope for this man? Thank you. </div></BLOCKQUOTE>

        Comment



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