Woman enters as K-1 fiancé, separates, marries another USC, obtains immigrant visa with hardship waiver

Client didn’t marry – Visa not valid

Ms. Zh., a national and citizen of China, entered the United States on a K-1 visa. However, when she came to the United States, she and her US Citizen fiancé did not get married within 90 days as required, and their relationship deteriorated due to culture difference. Soon, they separated, and our client later met her current husband, who is now a US Citizen. Together, they started a family and had two children. The children are very young and one of them has medical problems. Ms. Zh. retained our office to assist her obtain an immigrant visa. Our client’s husband assisted by our office filed an I-130, Petition for Alien relative which was approved a few months later. However, our client was not eligible to adjust status in the US due to her failure to marry her previous fiancé who petitioned for her K-1 visa. Our office determined that our client would be eligible for an I-601A waiver of unlawful presence.

Obtains Immigrant Visa

Our office filed the waiver and argued that it would devastate our client’s family if she was forced to go back to China without them for an indefinite period of time. It would be devastated for her husband if she were to go back to China without him and take the children with her. The waiver was filed and approved within a short period of time. Client received her interview at the embassy in China. She traveled to China for only 2 weeks to obtain her immigrant visa which she did obtain.

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