Hi , I came to Miami over three month ago with fiancée visa . It didn't work with the man who wrote petition and invited me here . However , there is a man who loves me , we got married in Las Vegas and I am either pregnant or will be very soon . He told me to search for immigration lawyer who can help with my documents without going back home . What are my options ? I am NOT going back home . How much time needed to prove that my current marriage is real and adjust the status ? Thank you in advance .
When admitted on a K-1 fiancée visa you are admitted for the sole purpose of marrying the US citizen who petitioned you . Nothing else. Nobody else. If you didn't get married to him during your visa's validity period you are deportable. Period. No exceptions. The only exception, If applicable, is a claim of political asylum based on a "credible fear" of going back home, due to fear of persecution back home, on one of the enumerated grounds. Look them up. If any of those grounds apply to you, then you can apply for political asylum. Otherwise you have to go back home or risk being deported.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I agree with Mr. Behar, but also want to point out that you if 'overstay' your I-94 entry card by more than 180 days, then you will have unlawful presence issues. As a result, you can be barred for up to three, perhaps ten, years depending upon how long you have overstayed.
The only option in those cases is to consider what is called the PUP Waiver, also known as the provisional unlawful presence waiver. I strongly recommend an appointment with a competent and experienced immigration attorney before you do anything. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.
Under these facts you are ineligible for adjust status in the U.S. since you enterd the U.S. on K-1 visa but did not marry the K-1 petitioner. You can only adjust status through marriage to a K-1 petitoner. The fact that you are married to another U.S. citizen does not change this fact. Consult with an experienced immigration attorney for advice specific to your situatioin.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.