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Remember the guy who had his wife arrested?


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Randy - ya - I can see that now, 'since you mentioned it'. I find it weird, though, that a new member with loads o detail (maybe popped in from 001?) is giving us info here.

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She can apply to adjust status from K-1, but there are a few catches.

  • She MUST adjust status based on marriage to the K-1 petitioner.
  • She Must have married the petitioner within the 90 days of I-94. If not, then the petitioner MUST provide an I-130 and pay fee so that she can adjust status based on the I-130.
  • US Citizen spouse MUST provide an I-864 as primary sponsor. Sounds like he may not be willing to do this.

If she can prove abuse she may be able to adjust status without a sponsor. Would be filing I-360 and I-485 http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

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She can apply to adjust status from K-1, but there are a few catches.

  • She MUST adjust status based on marriage to the K-1 petitioner.
  • She Must have married the petitioner within the 90 days of I-94. If not, then the petitioner MUST provide an I-130 and pay fee so that she can adjust status based on the I-130.
  • US Citizen spouse MUST provide an I-864 as primary sponsor. Sounds like he may not be willing to do this.

If she can prove abuse she may be able to adjust status without a sponsor. Would be filing I-360 and I-485 http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

 

The USCIS can deny her application, but they don't get the final say. She can appeal the denial, or the USCIS can go to court to have her removed. Either way, she gets her say in court, unless she chooses to leave.

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There is precedent set that as long as she entered the marriage in good faith and the husband leaves her, she has a pretty good chance of adjusting status on her own. IMO her biggest obstacle is the arrest record.

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