You do need a lawyer. Call one of the AVVO members in Chicago.
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I agree; you will need an experienced immigration attorney. Consult an AILA attorney (American Immigration Lawyers Association) or search through AVVO.
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Hi- You are in a difficult position, and you really need to speak to a lawyer immediately before your situation worsens, timing is important in this case. Please discuss this with an attorney as soon as possible. If you wish my office handles many situations similar to this, as do many other attorneys in the Chicago area, feel free to give us a call or contact someone else for an appointment as soon as possible.
Hi, I believe, and a colleague can correct me if I'm wrong, that you you can't adjust your status to anyone but the person who filed the fiancee visa for you. You may ultimately have to go back home to resolve this anytime soon. However before you do anything certainly sit down with a lawyer in person.
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You should consult with an immigration attorney, ideally one that is near you in Chicago. But immigration law is federal practice so all licensed attorney who practices immigration should be able to help you. You're situation is quite complicated and will raise some red flags. There is a chance the you can adjust the status since you are technically legally here in the US, but you will have to prove that your current marriage is real. Each visa is very specific. You were here on a K-1 to marry one man but married a different man so it may not be valid. You should consult with an attorney soon.
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1) you can't file for adjustment of status
2) you may qualify for a provisional waiver, but the provisional waiver will also require a brief visit home. These are complex cases to win and require a showing of extreme hardship to a US citizen spouse if you were to be barred for 10 years.
You should contact an attorney. To read more on I-601 waivers visit: www.swagatusa.com/educational-materials
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
You are not eligible to adjust your status based on a different marriage than the one on which you were admitted.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
I agree with my colelagues. I highly advise that you seek a competent and knowledgable immigration attorney to assist you if you have further questions. You may have the help of an immigration attorney that is competent from anywhere in the US as immigration is federal so it does not need to be restricted to your city. Some ways to look for a potential knowledgeable immigration attorney are to look at their experience, CV, affiliations and AVVO profile. If you would like my assistance, I'd be happy to speak with you. Best of luck.
No attorney-client relationship is created or implied by this communication in any way. Consult a competent immigration attorney.