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K - 1 Fiancée visa . Married , pregnant . Need a lawyer .

Los Angeles, CA |

Hi , I came to Los Angeles almost 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 . Anybody interested ?

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Attorney answers 4


You will have to return to your native country on or before the end of your authorized stay. You cannot extend or change your status when you enter with a K-1 visa. You cannot adjust your status to a lawful permanent resident except when the adjustment is based upon marriage to the petitioner. There is no waiver or other exception to this rule.

You should return to your native country on or before the end of your authorized stay. If you fail to depart, you will begin to accrue unlawful presence. If you return to your native country, your spouse can petition for you to receive an immigrant visa. You risk irreparably harming your ability to become a lawful permanent resident if you do not return to your native country.


Your i-94 card is about to run out. You are NOT eligible for Adjustment of Status. And while your carefree attitude toward marriage may indeed be enjoyable, US immigration law is more rigid than you think.

If a petition filed by your new spouse is your plan, you will need to leave the US and come back on an immigrant spouse petition. This will take about 6-12 months to be ready for you at the end. However expect a very, very difficult time explaining your romance history to USCIS and the US Department of State. They will see your case as a high likelihood of marriage fraud.

You need to see a lawyer immediately, and likely leave the US very soon afterword to prevent overstaying on your K-1 Fiance visa.

Representing clients throughout the US and around the world: . We cannot provide legal advice or recommendations unless you retain our law firm to represent you. No attorney/client relationship will begin until you sign a representation agreement and make a retainer payment to open a case with us. Any information found here is general in nature and should not be relied upon in individual cases.


It will not be possible for you to adjust status from within the US given the facts of your situation. The only person you can marry and adjust through on a K-1 is the person who petitioned you. You will need to return to your home country before your current visa expires. Be careful not to stay here illegally and start accruing unlawful presence or you could be barred from the US.


Unfortunately my colleagues are correct. You cannot complete the process in the United States. You have to leave. The law is very clear here. Your husband should contact a lawyer to help him through the process.

Congratulations on the baby on the way.

Any and all responses to this and any other questions are intended for basic informational purposes only and are not legal advice.

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