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Thread: Yes "Still Learning"

  1. #1
    Yes correct "Still Learning". I did follow what was said on the K1 visa. Married my petitioner within the 90 day period. I been here for a year now.

    Problem is, we withdrew in April 2005 the AOS petition (adjustment of status/register to permanent residency/conditional green card) as we have agreed to file a divorce which will be finalized this May 2005.

    I understand the conditions stated on the K1 visa which was to marry the petitioner within the 90 day period and have been together as husband and wife for a year.

    It didnt work out. So does that mean that if a USC man married a foreign lady admitted on a K1 visa and stayed as husband and wife for 5 years and not let her have a work permit, SS card, didnt apply for AOS, the foreign lady has still to return to her home country? That she still cant be eligible to change status after such period of time being here in the USA? And even if she decides to marry another USC after the divorce?

    Well, if the law says so....

  2. #2
    Yes correct "Still Learning". I did follow what was said on the K1 visa. Married my petitioner within the 90 day period. I been here for a year now.

    Problem is, we withdrew in April 2005 the AOS petition (adjustment of status/register to permanent residency/conditional green card) as we have agreed to file a divorce which will be finalized this May 2005.

    I understand the conditions stated on the K1 visa which was to marry the petitioner within the 90 day period and have been together as husband and wife for a year.

    It didnt work out. So does that mean that if a USC man married a foreign lady admitted on a K1 visa and stayed as husband and wife for 5 years and not let her have a work permit, SS card, didnt apply for AOS, the foreign lady has still to return to her home country? That she still cant be eligible to change status after such period of time being here in the USA? And even if she decides to marry another USC after the divorce?

    Well, if the law says so....

  3. #3
    The immigration laws are very specific about admission on K-1 fiance non-immigrant visa. K-1 visa holder must marry petitioner within 90 days of admission or depart the country. The adjustment of status while in the U.S. can only be filed through marriage to the original petitioner:

    http://uscis.gov/graphics/howdoi/lpreligibility.htm

    " ... You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.

    Fiance(e)

    You were a fiance who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file USCIS Form I-130, Petition for Alien Relative ). ... If you did *not* marry the U.S. citizen who filed the K-1 petition in your behalf, or if you married *another* U.S. citizen or lawful permanent resident, you are *NOT* eligible to adjust status in the United States. ... "

    It doesn't matter how long you stay in the U.S. on K-1 visa (1 year or 10 year) you can only adjust through the original petitioner/marriage or depart the country.

    Cheers.

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