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girlfriend is going through a divorce after being married 1 year. she is here through a k1 visa fiancee. what actions do we have to take so she doesn't get deported or do I have to petition her for a new k1 visa after she leaves back to her country?
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Your girlfriend has some serious problems, assuming she hasn't already gotten a green card as a result of her marriage.
For one thing, she has been accruing unlawful presence since her authorized duration of stay ended. Since K-1 visa holders are admitted for 90 days, and she has been married for a year, arithmetic (not my strong point) says she has accrued between 9 months and a year of unlawful presence. Add another 3 months for my tardy response to your post. 180 days of unlawful presence results in a 3 year bar to re-entry, and 365 days results in a ten year bar. A waiver is available but it is extraordinarily hard to get.
These bars apply to aliens who depart the United States after accruing such unlawful presence. Most tourists, students, and temporary workers who overstay their visas are eligible to adjust their status to that of a permanent resident after getting married to a US citizen, without departing the country. K-1 visa holders are specifically barred from this privilege; they can only adjust their status on the basis of a marriage to their K-1 petitioner.
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