Chowchilla, CA Immigration Law Firms & Lawyers

With very few exceptions, someone who came in on a K1 visa cannot only obtain their Green Card based on marriage to the K1 petitioner. If you did marry your petitioner you are eligible to file for adjustment of status. This assumes that you are still married and the petitioner wishes to continue with the process.

This is a complicated question because when she comes in February she is coming as a visitor and must have nonimmigrant intent to return to her home country. If you apply the I-130 for her before she comes there is a chance she will be turned away at the border as the I-130 indicates a conflicting immigrant intent. If she travels here fully intending to return and then after she gets here you both decide that it is the right time to sponsor her for permanent residency this is an option and both steps of the permanent residency application may be applied for her. Alternatively you can file the I-13 after she arrives but have her return as scheduled to consular process her application and come back as an immigrant once approved. We would be happy to assist you both. Set up a time to consult and we can review the pros and cons of the various scenarios.

Thanks for your inquiry. The answer is yes, someone with an approved U visa can go back and use the approved U visa status in an attempt to seek to reopen and terminate an outstanding order of removal. My advice is to seek the advice of a competent attorney as this can be difficult to accomplish, but it can be done.