Will I be able to change my immigration status if I came on a K1 visa but never married? 3 Answers as of February 15, 2011I am currently under supervision. I came on a K1 visa but did not get married due to some problems. I have applied for political asylum but unluckily I was denied, and then to First circuit (BIA) and second circuit but all the files and cases were not in favor of me. But I do have a 13 year old child who is a US Citizen from my ex fiancée. I have very clear record and am a hard working guy. I have paid all my taxes on time and, I am talented film maker. Also, with my new wife we have 4 year old daughter who is suffering from autism. She really does need my care all the time, and I am taking care of her. Will I ever be eligible to legalize my status? I highly appreciate your thoughts, views, and suggestion input. I will definitely hire one for my case. Thank you.
Pacifica Legal Services | Floyd Fernandez
It looks like you are a candidate for cancellation of removal due to medical causes. You have been here for over 10 years, and have needy dependents who are U.S. citizens. If you want to discuss the matter at more length, feel free to call or e-mail me.
Answer Applies to: California
Law Office of Immigration & International Trade Law | Linda Liang
Your green card will expire in 2 years if you don't marry as you are supposed to. Is your current wife a citizen? If yes, you should contact us for representation.
Answer Applies to: Florida
Calderón Seguin PLC | Ofelia L. Calderon
This is an incredibly complicated question. You need to sit down with a competent immigration attorney in person and discuss it. The regulations regarding K visas are very clear, you can only adjust to permanent residence through marriage to the person who originally filed the K petition. This means you can never apply for adjustment of status directly through your current spouse. On the other hand, you might be able to file for cancellation of removal. I cannot tell based on your fact patter how long you were in the U.S. before applying for asylum, but cancellation requires ten years of physical presence prior to the issuance of a Notice to Appear (or invitation to appear in Immigration Court). Otherwise, you will need to depart the U.S. and apply for a waiver outside if you are dissatisfied with your order of supervision.
Answer Applies to: Virginia