K-1 Visa--- H1 Visa Question. Please advice.. Immigration Related!?

Question

My friend came to U.S...on fiance visa... she got married in the court but never filed for greencard.went back to the country..and she and her husband had a dispute and they filed for a divorce..they have a son as well.So now she's out of U.S and he;s in U.S (the ex.)... She met someone else who's in kentucky and migrated from Canada on H1 visa.Now since she has son from a prior marriage how can this guy bring her and the child from the preious marriage to U.S? Since she never filed for greencard and left the country...would she have difficulty with immigration>? please advice

Answer 1

Could well be a problem depending on how long she remained in the US after entering on the K-1 fiancee visa. As you may know, she has 90 days to marry and file the proper forms to become an immigrant. That didn't happen, although she did get married. Was the child born in the US? If she remained in the US after the marriage and never had a petition filed on her behalf, it seems to me she was out of status. If she was out of status for more than six months, she would be ineligible for a visa for 3 years. If she was out of status for over a year, she'd be ineligible for 10 years. She should consider talking to the consular officers at the embassy or one of the consulates about her situation, or maybe consulting an immigration lawyer about her previous experience if she's about to marry this other fellow.

Answer 2

Since she is already in US, she cannot use en route of fiance visa again. She and the new guy get married and adopt the kid. Then the new guy, who I assume US Citizen, can file form I-130 Petition for Alien Relative and form I-485 Adjustment of Status concurrently for her and the adopted kid. This is under the assumption that she was never out of status although I cannot be sure without all details.
Whether she will have difficulty or not, only USCIS knows. She better consult with a good immigration lawyer. The lawyer will have better solutions.

Answer 3

certainly, there are at present 13 forms of J-a million classes, each and each of which has particularly particular standards and regulations: § placed up-secondary scholars § summer season paintings/commute for postsecondary scholars § Secondary scholars § short-term scholars § Trainees § instructors § Professors and study scholars § experts § Physicians § worldwide travellers § government travellers § Camp counselors § Au pairs The unfavorable aspects are the achieveable 2 year return requirement AND the nonimmigrant reason requirement. Your fiancee will could convince the two the consulate and CBP on the border that she intends to proceed to be quickly--this might each and every so often be problematice in the event that they learn some severe courting with a US cit. The ok is a hybrid. it is merely good for ninety days, regardless of the shown fact that it helps her to have "immigrant/everlasting reason". The project right this is putting as much as the consulate that the courting is valid (i.e. no longer entered into for fullyyt immigration purposes). as quickly as she enters on ok, you marry interior of ninety days, and he or she will report for everlasting residency and paintings auth.