Please answer ...any answer may help!?

Question

what if a k1 visa holder,get married and didnt work out within 2 months,and divorce her petitioner and right now her visa expires,she live in a U.S illegally,within a year,she found her new man,shes got pregnant with this man and the man is willingly wants to marry her for love,is there any chance that she can live in a U.S legally.??.

Answer 1

sorry i am from the uk but if she lived here you would have to go through the system and prove she was'nt just here for the VISA. i guess the US system may be the same, but she maybe able to stay

Answer 2

That's up to USCIS, but I would suspect that the idea of marriage fraud is going to come up with her applications.  I know that's the first thing I thought.

Answer 3

First off, I'm surprised she wasn't deported!  Her first husband should have reported the divorce to USCIS and she would have been made to leave the country (marriage lasted under 2 yrs).  

She is here illegally so now she must go back to her own country.  He would have to marry her and file an I-130.  Be forewarned though: she may have hoops to jump through because she's already used the primary family visa to get into the States once and didn't live up to the terms of the agreement.  2 months isn't a long time to be married and then to stay illegally??  

I'm not sure where she's going back to, so can't guess on the wait times for the CR1 of K-3 visa, but when the child is born, she should immediately get her husband/fiance down to the Embassy in that country to register the child as US born abroad to make immigration that much easier.  

The wait will probably be about the same time she waited originally for her K-1 visa application for the first marriage.  This time though, she may have a bit of difficulty convincing the Embassy that this marriage is real, not a sham marriage (even with the baby), to keep her in the States since she didn't stay long the first time in her marriage.

There is another route she can take if the marriage ended due to abuse.  She can then sponsor herself into the country