notrevorich Posted October 13, 2005 Report Share Posted October 13, 2005 I am concerned for my best friend who has fallen head over heels for a very pretty K-1 divorcee , She is a very nice women( Her Ex was Abusive and beat her) but she has only about 11 months to stay in the USA before her visa runs out ? She is working at some low pay job and her English is just so so is there anything he can do to help keep her here short of marrying her ? And will marrying her even keep her here ? He is Totally in Love so at this time there is no way that he is just going to walk away from the relationship . He has not talked to an Attorney yet But I think he should Link to comment
jim_julian Posted October 13, 2005 Report Share Posted October 13, 2005 I believe he can keep her here. He needs to consult an attourney. PM me if you need a recommendation (although she is on maturnity leave) Link to comment
warpedbored Posted October 13, 2005 Report Share Posted October 13, 2005 If she came here on a K-visa in good faith and is not out of status there are provisions in the law that allow a woman to adjust status on her own. Being abused is one of them. I don't normally recomend lawyers except in extenuating circumstances. This is one of them. I do think it would look bad if she were remarry right away though. Link to comment
tonymasiello Posted October 14, 2005 Report Share Posted October 14, 2005 Based on the information in your post, it sounds like this woman has already gone through AOS and has a two year conditional green card. If her divorce is finalized and the abuse was a factor, then that should serve as evidence of her good faith when her residency come up for renewal. As others have said, your friend should consult with a good immigration attorney. Here is one that I would highly recommend;http://candleforlove.com/list/index.php?act=details&id=85 Link to comment
frank1538 Posted October 14, 2005 Report Share Posted October 14, 2005 I am a little confused. When you say she has 11 months to stay in the USA before her visa runs out, are you referring to her conditional green card which is good for 2 years? I assume so since the K-1 visa is only good for 90 days. This suggests that she got married within the alotted time, adjusted her status (2 year conditional green card), but divorced her husband before the expiration of the 2 year period. There are situations that might allow her to remove the conditions and get the normal 10 year green card even though she got divorced. Seeking the advice of a good immigration lawyer is probably the right choice here. Link to comment
notrevorich Posted October 14, 2005 Author Report Share Posted October 14, 2005 Thanks for the informationI am recommending that he join the CFL because of all the vital information that he needs to learn on Chinese culture and imigration policy . Link to comment
jtaylo69 Posted October 14, 2005 Report Share Posted October 14, 2005 Thanks for the informationI am recommending that he join the CFL because of all the vital information that he needs to learn on Chinese culture and imigration policy . 160131[/snapback]The best reccomendation yet and we'd be delighted to assist him in any way that we can Link to comment
Mick Posted October 14, 2005 Report Share Posted October 14, 2005 Thanks for the informationI am recommending that he join the CFL because of all the vital information that he needs to learn on Chinese culture and imigration policy . 160131[/snapback]The best reccomendation yet and we'd be delighted to assist him in any way that we can 160134[/snapback]Amen! This is the place to be, and to stay. Link to comment
keyman Posted October 14, 2005 Report Share Posted October 14, 2005 Well, k1 is only good for her to stay in the U.S. and marry her petitioner. If it does not work out, even if another person wants to marry her here, she would have to go back to her original place for her new bf (new petitioner) to apply the k1 for her again. you can the the uscis website for more details. Link to comment
warpedbored Posted October 14, 2005 Report Share Posted October 14, 2005 Well, k1 is only good for her to stay in the U.S. and marry her petitioner. If it does not work out, even if another person wants to marry her here, she would have to go back to her original place for her new bf (new petitioner) to apply the k1 for her again. you can the the uscis website for more details.160257[/snapback]That is correct keyman except in situations of abuse which the poster of this thread said was happening. In these cases the beneficiary can adjust status on their own without still being married to the petitioner. Once her status is adjusted she can marry whom ever she pleases without retribution. Link to comment
keyman Posted October 15, 2005 Report Share Posted October 15, 2005 Well, k1 is only good for her to stay in the U.S. and marry her petitioner. If it does not work out, even if another person wants to marry her here, she would have to go back to her original place for her new bf (new petitioner) to apply the k1 for her again. you can the the uscis website for more details.160257[/snapback]That is correct keyman except in situations of abuse which the poster of this thread said was happening. In these cases the beneficiary can adjust status on their own without still being married to the petitioner. Once her status is adjusted she can marry whom ever she pleases without retribution.160258[/snapback]you are right, Carl. however, she then has to provide tons of evidence to prove that she's been abused to immigration officer and you know what, nowadays it is more difficult for the ins officer to believe her story. i have seen from other posts that Sos came here and ran away to tell ins officers that they were abused. I actually saw one lady was denied by the ins officer for lacking evidence. Link to comment
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