Chamblee, GA Immigration Law Firms & Lawyers

Generally when a foreign national has entered the U.S. lawfully and with inspection, and then becomes married to a U.S. citizen, the couple can succeed in a marriage-based adjustment of status application notwithstanding that the foreign national spouse may have overstayed her initial visa. Of course, there are many other details that impact eligibility. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information about each of you, could advise about immigration eligibilities, options and goals and could offer legal representation in the often quite complex application process.

It would be difficult to sue to have the fees returned because of COVID-19 delays and the K-1 visa being denied. The chances are unlikely. 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 information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

If you stayed outside US more than 365 days, there is a non-rebuttable presumption that you abandoned your status. But you can challenge that in immigration court if you can show that your absence from US was for reasons outside your control. The other options you mention are not fully researched and therefore, not accurate.