She came K1 with another man...but it wasn't happily ever after....until ME!

[Matt_Stevens 5]

So let me understand, you met her in person, not over distance, correct? I would be leery of any woman who claims abuse in a K1, as so often it's just not true. Being in love clouds judgment like nothing else I know.

That being said, if you have lots of money and you love this woman, you can always leave the country with her. If not, well, you are in a tough spot and your best hope is our prez grants amnesty, something that is likely to happen, even though it shouldn't.

Or you can just live here and she is illegal and that's that.

[jkminney 30]

Go to Canada, or Europe, or Australia if you can. Other countries will not be concerned about her US overstay.

I wouldn't mind living in Canada or Europe (Europe would be preferred) for 10+ years. How would this process work?

Would we first need to go back to China and then obtain another visa for her to travel to Europe? I wonder if there would be any complications with China issuing another visa for her to go to Europe given the 10 year ban from the US?

I'm not trying to rain on your parade but just like it is here you can't just MOVE to another country. Here you have immigration...you have the same sort of immigration in other countries. If you were an EU citizen no problem...but you aren't. My daughter was born in the UK had both a American and UK birth certficate and she can't just move there so I'm thinking you better stick with China.

[klicristina 0]

no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process

potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process.

payxibka, are you familiar with the waiver process to overcome the 10 yr re-entry ban? Do you know of anyone who was successfully able to do this waiver?

You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years.

pushbrk, I have no problem moving to another country to be with her while we wait for the 10 year ban. I've thought about living either in Canada or in Europe...what do you think her chances are of her country (China) issuing her a visa for another country in light of her K1 overstay?

LAUREL SCOTT... the best waiver lawyer.

[thongd4me 69]

China has no say in the matter. Visas are issued by Consular services of the country to be entered. For all intents and purposes, I would plan on waiting out any ban or most likely unsuccessful waiver process in China.

If we were to just continue living here in the USA post-marriage, say about 15-20 years, would there be a way to begin a process for her legalization (assumption based on getting passed the 10 year ban)?

no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process

potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process.

Start learning Chinese.

I doubt if there is any lawyer who can help with this problem.

Political asylum is a no-go as well as medical emergency.

The only valid emergency in the eyes of the USCIS is one that

works to THEIR advantage, not yours.

I doubt if there is any way on earth to get around the 10-yr entry ban

but she could find a cure for cancer in the next few months...in which

case you can both live in Switzerland on the medical patent.

If I were under 30 yrs old and didn't have pressing family/work obligations,

I'd go to China in a heartbeat in your situation. Naturally salaries will be

lower, but you'll have a good family life, Chinese food like no tomorrow

and living in an expandingly rich economy instead of one on the downturn.

I've considered this as well. But I would want our children to be born here in the States first before making a move to China for 10+ years. After 10+ years in China, what do you think the chances are of getting her legalized here?

In which case you have a lot more to consider.

This means that she will have to have the kid(s) here and you have to pay

any medical expenses (which will be considerable) out of pocket for her.

Naturally the kids won't be a problem as citizens, but all of you will have

to live with the threat of deportation hanging over mom for an unspecified time.

If the kids are born in China, medical costs will be much lower and the medical

care she gets will be very good. (Ditto for Thailand) The kids won't have the

stigma of having illegal status but you can certify by DNA testing that they

are yours and they will then be eligible for US passports so they won't have

to be part of the patching up of your wife's visa status.

So the question if you are as serious as you say you are, is not IF to go to China

or a 3rd country but WHEN. Waiting it out for an undetermined time is more of

a time bomb. The 10-year clock, I believe (I could be wrong) starts ticking

when she lands on Chinese soil.

[pushbrk 12,824]

China has no say in the matter. Visas are issued by Consular services of the country to be entered. For all intents and purposes, I would plan on waiting out any ban or most likely unsuccessful waiver process in China.

If we were to just continue living here in the USA post-marriage, say about 15-20 years, would there be a way to begin a process for her legalization (assumption based on getting passed the 10 year ban)?

no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process

potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process.

Start learning Chinese.

I doubt if there is any lawyer who can help with this problem.

Political asylum is a no-go as well as medical emergency.

The only valid emergency in the eyes of the USCIS is one that

works to THEIR advantage, not yours.

I doubt if there is any way on earth to get around the 10-yr entry ban

but she could find a cure for cancer in the next few months...in which

case you can both live in Switzerland on the medical patent.

If I were under 30 yrs old and didn't have pressing family/work obligations,

I'd go to China in a heartbeat in your situation. Naturally salaries will be

lower, but you'll have a good family life, Chinese food like no tomorrow

and living in an expandingly rich economy instead of one on the downturn.

I've considered this as well. But I would want our children to be born here in the States first before making a move to China for 10+ years. After 10+ years in China, what do you think the chances are of getting her legalized here?

In which case you have a lot more to consider.

This means that she will have to have the kid(s) here and you have to pay

any medical expenses (which will be considerable) out of pocket for her.

Naturally the kids won't be a problem as citizens, but all of you will have

to live with the threat of deportation hanging over mom for an unspecified time.

If the kids are born in China, medical costs will be much lower and the medical

care she gets will be very good. (Ditto for Thailand) The kids won't have the

stigma of having illegal status but you can certify by DNA testing that they

are yours and they will then be eligible for US passports so they won't have

to be part of the patching up of your wife's visa status.

So the question if you are as serious as you say you are, is not IF to go to China

or a 3rd country but WHEN. Waiting it out for an undetermined time is more of

a time bomb. The 10-year clock, I believe (I could be wrong) starts ticking

when she lands on Chinese soil.

The clock starts clicking when she leaves the US. The US doesn't care where she goes, only that she leaves.

[thongd4me 69]

Go to Canada, or Europe, or Australia if you can. Other countries will not be concerned about her US overstay.

I wouldn't mind living in Canada or Europe (Europe would be preferred) for 10+ years. How would this process work?

Would we first need to go back to China and then obtain another visa for her to travel to Europe? I wonder if there would be any complications with China issuing another visa for her to go to Europe given the 10 year ban from the US?

I'm not trying to rain on your parade but just like it is here you can't just MOVE to another country. Here you have immigration...you have the same sort of immigration in other countries. If you were an EU citizen no problem...but you aren't. My daughter was born in the UK had both a American and UK birth certficate and she can't just move there so I'm thinking you better stick with China.

I didn't think of that initially but that lends strength to the China option.

In Europe, you'll both be illegals beyond a certain time period unless you

both have unique skills that can support a waiver of their usual immigration

practices & procedures.

[JERIII 8]

Go to Canada, or Europe, or Australia if you can. Other countries will not be concerned about her US overstay.

I wouldn't mind living in Canada or Europe (Europe would be preferred) for 10+ years. How would this process work?

Would we first need to go back to China and then obtain another visa for her to travel to Europe? I wonder if there would be any complications with China issuing another visa for her to go to Europe given the 10 year ban from the US?

Again, China does not issue visas to Chinese citizens. The country to be entered, issues the visa to the person wishing to enter. How it works is that the Chinese citizen applies for a visa at a given country's Consulate in the country where they are currently present. There is no requirment for her to go back to China. The requirement is to leave the USA. However, the only country that will admit her without a visa would be China. For a Chinese citizen to obtain a visa to Canada or most Western countries is about as difficult as obtaining one to enter the USA, meaning extremely difficult unless they have a US green card.

There's another question here - China does not, of course, issue Visas to visit other countries. However, China may require its citizens to get permission before they leave China. I know that China did so not that many years ago. I do not know if they still do. While this is not technically a visa, it is a travel restriction.

Anybody know?

[payxibka 10,045]

There's another question here - China does not, of course, issue Visas to visit other countries. However, China may require its citizens to get permission before they leave China. I know that China did so not that many years ago. I do not know if they still do. While this is not technically a visa, it is a travel restriction.

Anybody know?

One would assume that pushbrk (amongst several) would know (since his spouse if from China)...

[LaL 418]

You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years.

You didn't mention the waiver option. why not?

Because I don't consider it viable in this situation. I agree with Pay's earlier comment on the subject.

Pay's comment states that many succeed, and some fail. I guess I don't understand how this isn't a viable option.

[Boiler 45,403]

There has been no mention why a a waiver would not be posssible.

Or just wait for Comprehensive Immigration Reform.

[pushbrk 12,824]

There's another question here - China does not, of course, issue Visas to visit other countries. However, China may require its citizens to get permission before they leave China. I know that China did so not that many years ago. I do not know if they still do. While this is not technically a visa, it is a travel restriction.

Anybody know?

One would assume that pushbrk (amongst several) would know (since his spouse if from China)...

First, please note the Chinese citizen in question is not currently in China. She left three years ago, so this question is moot, but....

Any country can pull their citizen's passport at any time but no, China doesn't require it's citizens to obtain permission to leave China and they haven't for quite some time. My wife's family is intimately acquainted with the government's policies as her father receives visits from the local authorities at each major holiday in order to pay him respects in gold for the service he provided his country before retiring.

[Krikit 1,164]

Moving from K-1 Process to Effects of Major Changes.

Good luck, and welcome to VJ, 4bd.

[pushbrk 12,824]

You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years.

You didn't mention the waiver option. why not?

Because I don't consider it viable in this situation. I agree with Pay's earlier comment on the subject.

Pay's comment states that many succeed, and some fail. I guess I don't understand how this isn't a viable option.

The I-601 waiver requires the US Citizen demonstrate a severe hardship to themselves. There obviously isn't one. That's why.

[thongd4me 69]

There's another question here - China does not, of course, issue Visas to visit other countries. However, China may require its citizens to get permission before they leave China. I know that China did so not that many years ago. I do not know if they still do. While this is not technically a visa, it is a travel restriction.

Anybody know?

One would assume that pushbrk (amongst several) would know (since his spouse if from China)...

First, please note the Chinese citizen in question is not currently in China. She left three years ago, so this question is moot, but....

Any country can pull their citizen's passport at any time but no, China doesn't require it's citizens to obtain permission to leave China and they haven't for quite some time. My wife's family is intimately acquainted with the government's policies as her father receives visits from the local authorities at each major holiday in order to pay him respects in gold for the service he provided his country before retiring.

That being said, it's really a #######-shoot and not a clear or safe road whichever fork you take.

You could be sitting on a time bomb by staying in the US, but if you go to China she would not

qualify for any amnesty because she will have left US territory. Amnesty would only be for

those that stuck it out and take the riskier route. Some people live their entire lives without

being detected but not everyone is suited to going "underground."

[LaL 418]

You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years.

You didn't mention the waiver option. why not?

Because I don't consider it viable in this situation. I agree with Pay's earlier comment on the subject.

Pay's comment states that many succeed, and some fail. I guess I don't understand how this isn't a viable option.

The I-601 waiver requires the US Citizen demonstrate a severe hardship to themselves. There obviously isn't one. That's why.

when you made the assertion that it wasn't a viable option the OP hadn't mentioned anything other than the way they met and what the past history is.