Chipley, FL Immigration Law Firms & Lawyers

Hello Anonymous, It is good practice for a  person who enters on a K-1 fiance visa to marry and file for their legal permanent residency status within 90 days of entry into the U.S. on the K-1 visa. This avoids problems with the U.S. Citizenship and Immigration Service (USCIS). It is important to marry within the 90 day window in keeping with the K-1 visa requirements. If a person marries during the 90 day period but is unable to file for adjustment within this period, their spouse should still be able obtain their legal permanent residency status, depending on the circumstances of the particular case. However, if a person does not adjust their status to a legal permanent resident and later divorces the U.S. spouse that filed the K-1 visa, there is a strong risk of deportation if the CIS becomes aware of their undocumented status. If there are practical reasons why you are unable to file for your spouse's legal permanent residence in a timely manner, you should consult with an immigration lawyer and discuss your case specifics to find out the pros and cons of a delay in your particular situation.   Notes: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. 

I believe that you are confusing the payment of taxes with maintenance of your green card. DHS knows how long you have been out of the country through its record-keeping of your record of travels and through your passport. Stays outside the US for extended periods of time may subject you to loss of the green card regardless of whether you file US taxes or not. As a US permanent resident, you are obligated to file taxes on your worldwide income. In my opinion, the most damaging aspect of filing taxes immigration wise would be to claim a foreign income exemption as you would be stating on the tax return that you consider yourself a nonresident of this country. 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.

The general rule is that one can’t adjust status from a crewman visa to get a green card through marriage. Had you married your ex and then applied for a visa at the consulate in South Africa that may have resulted in success or had u applied for a fiancé visa and then entered the states and got married. Without knowing all the facts and issues of the case, that is my guess. You need to retain counsel to review all the documents and look at all the evidence to form a proper opinion and strategy.