Legal Question in Immigration Law in Missouri

Hi.. I moved to the USA in june of 06 on a K1 visa and married my fiancee/petitioner, then after 8 months she divorced me on the grounds that she was seeing someone else and pregnent with his child she had not fininshed the adjustment of status and had taken all my money and cheated on me. I was also attacked and robbed during this time and had a wallet with my passport and I-94 in it. I was also without permmision to work so unable to fund a replacement. I stayed with friends while my divorce went through and during this time I met my current partner also a US Citizen we met in 2007 and are still happily together today, we also have a 17 month old child born a US citizen and I stay home with my daughter while my fiancee works two jobs and go's to college to evade breaking any tax or work permit laws. So my question is under the curcumstances what would be the next step in trying to rectify my status and replace my documents/ obtain a marrige licence as we wish to marry before I might have to exit the country, which Im sure would have to happen to regain legal status. Obviously we would like to preserve the familey we have with as little disruption as possible to our daughters care. and how can ICS allow somone to move here and marry legaly just to be turned back when the american citizen wife decideds to take all my money cheat and conveniently not adjust my status after marriage!

Please help we are so broke


Asked on 9/12/10, 6:06 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Because you came to USA on a K1 Fiance visa, you are NOT allowed to adjust status (apply for a green card) through your new US citizen wife (even if you are legally married). This is the law. It is very specific about K1 visa holders and can't be excused even if you have a child and a new wife.

Your new wife can petition for you. However, you will be required to go abroad to your home country and apply for a visa. Visa can be denied and you will be banned because of a long unauthorized stay in USA. You might be able to apply for an Extreme Hardship Waiver. If a waiver is approved, a visa will be issued as well.

I suggest you consult a knowledgeable immigration attorney and discuss your legal options. It's not an easy situation and there is no easy solution (again: because you came to USA on K1 visa). In addition, your passport and I-94 are lost, which makes your situation more difficult.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 9/17/10, 9:23 am


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