Case Conclusion Date:October 1, 2009
Description:Sara entered the US on a K-1, fiance visa, from the Ukraine but did not marry the US citizen who sponsored her. She overstayed her visa, fell out of status, and eventually married another US citizen and gave birth to a son. She was not eligible to get her green card in the US because she could only adjust her status based on the K-1 marriage. She was forced to consular process, which triggered the 10 year bar to re-entry. In order to get her green card, she would have to argue to the CIS office abroad that her new husband would suffer extreme hardship if she was not allowed to return to the US. We also had to show that it wasn't possible for her husband to relocate to the Ukraine. And, although they now had a US citizen son, immigration wouldn't consider the child's hardship under this waiver. This, her negative immigration history, and the fact that the US citizen had a good salary, was well educated, had relatives in the US who lived close to his parents with health issues, Heather was able to successfully argue that she should be allowed to return to the U.S. The approval took less than 3 months.