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    jovyme's Avatar
    jovyme Posts: 5, Reputation: 1
    New Member
     
    #1

    Jul 2, 2010, 09:13 AM
    How to stay usa
    I come usa k1 visa. Marry and get work and travel paper but none green card, but I apply forit with husband. I leave husband. I want to stay usa. Will green card still give me? How other I get to stay usa ?
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
     
    #2

    Jul 2, 2010, 09:20 AM

    Need more information. It sounds like the adjustment of status was filed, have you been to the interview? If not, and you have separated from your husband; you will not be granted permanent residence.

    The law is clear, the only way a K-1 can get PR is through the USC petitioner. There are potentially other grounds if the facts support an application under VAWA. Consult with an experienced immigration attorney to assess your case. Good luck.
    jovyme's Avatar
    jovyme Posts: 5, Reputation: 1
    New Member
     
    #3

    Jul 2, 2010, 09:30 AM

    No interview I go, got picture and print finger, Is that interview? Husband file divorce and it final this month. We marry almost 90 day then I leave. If no grant do I have to leave ? How long can stay usa ?
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
     
    #4

    Jul 2, 2010, 10:06 AM

    If no interview, then you probably haven't been granted PR. If you husband has already filed for divorce, you will not get PR approved.

    After the divorce, the withdrawal of your AOS or the denial; you should leave the US within a reasonable amount of time, you will be accruing "unlawful presence" that has a significant penalty at 180 days, be sure to leave before then to give you the best chance of another NIV or PR application. Good luck.
    jovyme's Avatar
    jovyme Posts: 5, Reputation: 1
    New Member
     
    #5

    Jul 2, 2010, 10:31 AM

    What aos? If I just stay what will happen?
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
     
    #6

    Jul 2, 2010, 10:35 AM

    "adjustment of status", your application for permanent residence. If you stay, you will be in the US unlawfully, with no way ever to get US permanent residence. The K-1 AOS is locked in with the petitioner.
    jovyme's Avatar
    jovyme Posts: 5, Reputation: 1
    New Member
     
    #7

    Jul 2, 2010, 10:43 AM

    My friend say cause husband yell at them is abuse so I have other way to stay,, she right ?
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #8

    Jul 2, 2010, 06:03 PM

    It's not time to listen to your friend... discuss this issue with experienced immigration attorney asap.

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