A very tricky situation dealing with K1 and K2 visas?
Question by Tusk: A very tricky situation dealing with K1 and K2 Visa?
A identical tricky situation dealing with K1 Visa and K2 visas?I have asked this question two times but missing a lot of details. I am trying to ask one last time with all the details I got. Thank you for all of your answers and supports.They entered the U.S in 2004 under K1 Visa and K2 Visa (the mother and her son). The mother was married to her spouse two weeks later. The mother was given SSN and they were schedule for their first interview in 2005 to get their first greencard. However, their spouse, which is her conserved, passed away in early 2005, given that they have been living together for less than a year. As a result, when the mother and her son went into the interview, the INS denied to give them the green card because the law states that they only allow to give green card to widow IF SHE AND HER HUSBAND Have been together FOR AT LEAST 2 years. Later on in 2005 the INS sent an earn explain why the green card was denied and asked them to leave the U.S. However, the letter also stated that they MAY file for adjustment of status. Since then they have lived under the U.S hoping for an ammesty or a new law. Her sone just graduted from high school in 2008 with a 4. GPA (He is a very good student) and now they are considering going back to China because they believe no hopes for their case. The son is 18 years old and 9 mothns now.My question is:1) Should they stay in the U.S till the next president takes over the office and wait for new laws?2) If the mother marries a husband, would they have to come back to China and apply for a new visas and reenter the U.S or they can file the process in the U.S without going back to their native country?3) If they leave the U.S, will they enter the 10 years ban and would it make more difficult for them to apply visa after 10 years?Thank you for reading this question and I appreciate your anwers.
Best answer:
Answer by Cheelicious is a Snitch
1. No. This law isn’t going to change. 2. Yes, they would have to leave.3. It depends. The ban is usually reserved for deportees. If they leave on their own no formal ban should be issued.
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Really, they need to speak to a professional immigration consultant about this. Yes it will cost money but unless they do, they will likely be deported soon.
They are in a tough situation. However, they will need an Immigration Lawyer to help them get through this. They need to do their research to make sure the lawyer they choose will not overcharge them as they tend to do with people in their situation.
good luck