K-1 Adjustment after 30 Years in Limbo

Myron Russell Morales

Case Conclusion Date:September 28, 2012

Practice Area:Immigration

Outcome:Lawful Permanent Residence Approved

Description:Persons entering the United States under the K-1 fiance classification have 90 days to marry and thereafter change their status to that of a Lawful Permanent Resident (LPR). The K-1 classification is unique in that you can adjust your status only through the person that you marry. In our case, the couple married within 90 days, but thereafter did not apply to change the spouse’s status to a LPR. Years passed and the couple divorced and went their separate ways. The foreign spouse spent almost 30 years thinking that it was impossible to gain LPR despite now being married to another U.S. citizen and having U.S. citizen children and being a successful entrepreneur. In this case, the foreign spouse was partially correct in that he could only become an LPR through the sponsor of the K-1. What was not realized was that even after 30 years of being divorced and having no communication, that the foreign spouse could still adjust through the former spouse. It was a long and hard-fought case where we drafted a well thought-out and argued legal memorandum and had to educate government adjudicators who were not familiar with this area of U.S. immigration law. The end result of our efforts was that our client gained a status that he thought was impossible for 30 years. It was a life changing moment for the entire family and they finally had the peace of mind that comes with knowing that he is legal.

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