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Music and Art at the Ukrainian Institute of America
Posted by Tatiana B. Durbak on October 04, 2001 at 22:32:42:
In Reply to: Re: permanent residence application denied posted by Zapadenecj on October 04, 2001 at 14:44:21:
: I don't think you need an attorney for an advice in this case - it looks pretty bad and your girlfriend will have to go back to Ukraine or stay here illegally. If she goes back and tries to reapply (at the US Embassy in Warsaw, not in Kyiv, by the way), there's a fat chance her application will be denied.
Yes, attorney advice is a good idea in this case.
I already wrote a private e-mail to Stanley. However, for any others who need information about this subject:
Persons who enter on a K-1 visa CANNOT get a green card (i.e. cannot adjust status to that of permanent resident) if they marry someone besides the person who filed the fiance visa petition. People on K-1 visas cannot extend their status and cannot change to another non-immigrant status.
However, they CAN come back to the US if they leave in a timely manner. If such a person marries another US citizen it is extremely likely that the person will be able to come back to the US, as long as it is shown that the marriage is a real one (bona fide). The US citizen spouse must file an immediate relative visa petition. Then, under current law, it is possible to file a K-3 visa petition.