Hi there! I legally came to US in 03 on a K2 Visa, my dad married my step mom, but they divorced and I stayed here, and he left. I am 24, right now I am engaged. I did call the USCIS customer service and they said I'm not going to be deported as long as I adjust my status by having my fiancee filling out the I-130, is all of this true? And my main question is How likely am I to be denied based on my case for I-130 form?? Do I have to be out of US?The K2 info was just info on me coming to US legally, none of you answered my main question about the I-130. And I am pretty sure that the USCIS cust service are pretty well trained. Thanks for your time though.
First, the USCIS Customer Service reps are not lawyers and should not be doling out legal advice as in you will not be deported as long as... if that is what they said. Second, K2 status is directly affected by what happens to the K1 principal. If your dad did not adjust through your stepmom, he cannot adjust through anyone else (if he were still in the U.S.) and you cannot either. Consult with an immigration attorney on your case specifics for options or exceptions.
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.
Did you file for adjustment based on your K2? Since your father in fact married the K1 petitioner, you may not be barred from adjustment, however you were supposed to file for adjustment once they got married. Find out if you did.
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