Did you know that entering the United States on a K-1 fiancé visa can create serious immigration problems later if the marriage to the K-1 petitioner does not take place?
Yes! But even in complex overstay cases like this one, it may still be possible to move forward with the right legal strategy.
Here’s what happened to our client from Thailand…
She entered the U.S. in 2003 on a K-1 fiancé visa.
She did not marry her U.S. citizen fiancé and remained here for many years as a visa overstay.
Over time, she built a life here and later entered a bona fide relationship with another U.S. citizen. The couple were together for five years before marrying.
When the couple came to McBean Law, the case required careful planning from the start because of the unlawful presence issues tied to her K-1 entry.
McBean Law filed the I-130 petition in August 2022. In July 2023, the I-130 petition was approved.
After that approval, we moved forward with National Visa Center processing and prepared the next stage of the case.
In March 2024, we filed the I-601A provisional unlawful presence waiver. The waiver was necessary because our client did not marry her K-1 petitioner after entering the U.S. Thus, she must return to the U.S. embassy in Thailand to finish her green card process.
The waiver case required a strong and well-documented hardship strategy. Our legal team prepared a waiver package demonstrating the extreme hardship that her U.S. citizen husband would face if the waiver were not granted.
After approximately two years of processing, the I-601A waiver was approved in April 2026!
This approval allows our client to move forward with consular processing and take the final steps toward lawful permanent residence.
P.S. Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific situation.
