QUESTION

Green card through family or K1

Asked on Mar 13th, 2018 on Immigration - Nebraska
More details to this question:
Want to apply for green card through family but got divorced 8 months ago. Lately we’ve rekindled but she overstayed and has a bar of 10 years (2014-present) have called a lawyer but said they can’t help us cause we are no longer legally married. What can we do? Thank you in advance
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The K-1 visa is only for fiancées/fiances who are overseas. It sounds from your question that your ex-wife is here in the States. But even if she was overseas, it would be hard to imagine an American consular officer agreeing to approve the petition  and a related application to remove a 10 year bar as there would likely be deep suspicion that you are only doing her a favor since you did not even remarry her. If it will be a bona fide marriage for the purpose of living together permanently as man and wife and not just to do your ex-wife a favor, get remarried as a first step.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the inform
Answered on Mar 21st, 2018 at 6:09 PM

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