What happens if you marry your K1 fiance after the 90 days? 3 Answers as of September 29, 2014

My brother married his fiancé almost 4.5 months after her K1 visa expired. Now she has been denied a green card during the interview. They have appealed the decision and are awaiting review from USCIS. Should she leave the US now or wait for a decision? What are her chances of getting the green card on appeal? Are could she be in deportation status? My brother is afraid of the legal ramifications. What should he do?

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Coane and Associates
Coane and Associates | Bruce Coane
Your brother needs to meet with a board certified lawyer like myself and get the details of all the possible legal issues. It's a good 30-minute conversation. And, there is no "appeal" of a denied adjustment of status. Perhaps you mean to say they filed a motion to reconsider. Lastly, in states with common law marriage, there is sometimes a way to get around the entire legal issue.
Answer Applies to: Texas
Replied: 9/29/2014
Law Offices of Linda Rose Fessler | Linda Fessler
I would have her wait for the hearing. I just do not understand why after getting the visa, they waited so long to marry. He has to learn to obey the rules, no matter how difficult it is for him.
Answer Applies to: California
Replied: 9/29/2014
Alena Shautsova
Alena Shautsova | Alena Shautsova
Your brother and his fiance should see an attorney.
Answer Applies to: New York
Replied: 9/29/2014
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