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Thessa65

K 1 Fiance Visa Petitioned not married w/in 90 days.

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Filed: K-1 Visa Country: Philippines
Timeline

Hi Everyone,

Greetings.

I have a very serious and annoying problem encountered upon my arrival in the USA having petitioned as K1 Fiance Visa by my American fiance. Arrived here in the USA on February 2011 and my 90 days will be on the 25th of this month, May 2011. My worst problem is we haven't married yet with my sponsor for the reason that we cannot get along with his family esp. his grandmother who will be turning 90 yrs. old. She is very descriminating to filipino women that are coming only to the USA just for the American money and that filipino ladies are just using the american men to enter USA and that the 90 days period given to the K1 Visa applicants is not enough for us to get married and that we need more time to know more each other before getting married eventhough we started online dating since June, 2009.( I'm sorry, I am not talking the issue in general coz this is not happened to all) My fiance cannot decide on his own to set our wedding date coz he is afraid that his grandma's life would be in danger if he will not obey her decision not to marry me and that will sent me back to Philippines on or before the expiration of my visa. i am very much upset and deppressed to my fiance for this matter.

My questions are:

1) Since K1 Visa cannot be extended, can he apply me for any visa like the Tourist Visa while i am still in the USA just to extend my stay and will not go back yet to my place after the expiration of my K1 Visa?

2) Can I make some actions against my fiance since upon the date of my arrival he let me stay at his grandmother's house coz we are not married yet and when the time we cannot get along with his grandma, he let me stay and moved to my filipino friends house in another place about 800 miles away from his place. Are there any provisions of the K1 Visa that has been violated by him?

3) Can i sue him moral moral damage to be filed at my place so he cannot go anymore to Philippines if in time he wanted to? Because to us filipinos, this is very degrading, insult on my behalf and a big embarrassment to the family.

4) Pls help me. What will I do? Everyone's wise opinion is very much appreciated and will count it as a big help.

Sincerely,

Thessa65

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Filed: Citizen (apr) Country: Iran
Timeline

Sorry for the problems.

1. No, you entered on the K-1 to obtain a different kind of visa you would have to return home.

2. No.

3. Not certain but probably not.

4. If he doesn't marry you prior to the expiration of the I-94 you will have to leave the US.

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Filed: K-3 Visa Country: Thailand
Timeline

Hi Everyone,

Greetings.

I have a very serious and annoying problem encountered upon my arrival in the USA having petitioned as K1 Fiance Visa by my American fiance. Arrived here in the USA on February 2011 and my 90 days will be on the 25th of this month, May 2011. My worst problem is we haven't married yet with my sponsor for the reason that we cannot get along with his family esp. his grandmother who will be turning 90 yrs. old. She is very descriminating to filipino women that are coming only to the USA just for the American money and that filipino ladies are just using the american men to enter USA and that the 90 days period given to the K1 Visa applicants is not enough for us to get married and that we need more time to know more each other before getting married eventhough we started online dating since June, 2009.( I'm sorry, I am not talking the issue in general coz this is not happened to all) My fiance cannot decide on his own to set our wedding date coz he is afraid that his grandma's life would be in danger if he will not obey her decision not to marry me and that will sent me back to Philippines on or before the expiration of my visa. i am very much upset and deppressed to my fiance for this matter.

My questions are:

1) Since K1 Visa cannot be extended, can he apply me for any visa like the Tourist Visa while i am still in the USA just to extend my stay and will not go back yet to my place after the expiration of my K1 Visa?

2) Can I make some actions against my fiance since upon the date of my arrival he let me stay at his grandmother's house coz we are not married yet and when the time we cannot get along with his grandma, he let me stay and moved to my filipino friends house in another place about 800 miles away from his place. Are there any provisions of the K1 Visa that has been violated by him?

3) Can i sue him moral moral damage to be filed at my place so he cannot go anymore to Philippines if in time he wanted to? Because to us filipinos, this is very degrading, insult on my behalf and a big embarrassment to the family.

4) Pls help me. What will I do? Everyone's wise opinion is very much appreciated and will count it as a big help.

Sincerely,

Thessa65

Entering the USA on a K 1 gives both parties the chance to understand the reality of life together in the USA. If you are having these serious problems at this point you should be happy that you know now rather than later. Your reaction to the situation should cause you to realise you have made a mistake. Learn from it & move on. Forget the vengance & revenge aspects.

# 1 No. You already entered on a visa.

# 2 You want to sue him to get what you think you deserve?

# 3 No. There is nothing you can do to affect his U S citizenship. His rights are defined by the U S Constitution.

# 4 Return to the P I. Do it before your visa expires to give yourself a chance to get another visa in the future. Overstaying will become a serious problem for you in the future.

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Filed: K-1 Visa Country: Philippines
Timeline

Entering the USA on a K 1 gives both parties the chance to understand the reality of life together in the USA. If you are having these serious problems at this point you should be happy that you know now rather than later. Your reaction to the situation should cause you to realise you have made a mistake. Learn from it & move on. Forget the vengance & revenge aspects.

# 1 No. You already entered on a visa.

# 2 You want to sue him to get what you think you deserve?

# 3 No. There is nothing you can do to affect his U S citizenship. His rights are defined by the U S Constitution.

# 4 Return to the P I. Do it before your visa expires to give yourself a chance to get another visa in the future. Overstaying will become a serious problem for you in the future.

I would agree with the statement above...Somehow, your fiance is of right age already and he should know better what is important at the moment..if he loves you, he will try to make everything work. You two can apply for a marriage license and get married before your K1 visa expires. He doesn't have to let his family know about it for now, maybe once you two are married, they would try to accept you and then that's the time where you prove them wrong about what they think about you. I hope and pray that you two will find a soultion for that one. God bless and have faith!!..

* K1 Journey

2009-12-09 -met online

2009-23-09 -became a couple(was so happy:)

2010-21-03 -visited Philippines(spent wonderful times together)

2010=27-03 -engaged(Yes!!)

2010-09-04 -went back to US :(

2010-29-04 -Filed I-29F

2010-04-05 -Received NOA1

2010-12-07 -NOA2 approved

2010-18-07 -Received NOA2 hardcopy

2010-26-07 -US Embassy(Manila) received our petition!!..(yahoo!!)

2010-04-08 -HAPPY BDAY MATT!!

2010-18-08 -Medical Exam-PASSED!!..God is so good!!

2010-26-08 -Interview @ USEmbassy- APPROVED( Thank you Lord!)

2010-03-09 -Got my Visa in Hand!!..Yepey..Thank God!!..

2010-17-09 -POE:SFO,CA

2010-23-10 -Wedding @ Springfield, MO

* AOS Journey

2010-07-12 -Filed for AOS & EAD(USPS Express Mail)

2010-08-12 -USCIS received the package

2010-14-12 -Received text & email from USCIS that they accepted our AOS & EAD Application..HAPPY BDAY MARIA!!

2010-20-12 -Got our NOA1 letters in the mail for our I-485 & I-765...A wonderful Christmas gift for us!!

2011-19-01 -Received Biometrics schedule!!

2011-07-02 -Biometrics done!!..thanked God!!

2011-17-03 -AOS Interview..APPROVED!!

2011-24-03 -GREENCARD received!!..it's green indeed!!..lol..

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

You cannot extend your stay legally. Once your I-94 expires then you will be in overstay and cannot adjust your status except by marrying your fiance. From what you describe he doesn't want to marry and is using the family member as a reason.

You would have to check with an attorney in the Philippines about preventing him from being able to go there in the future. US law would not prevent him from going, and you can't sue him for embarrassment.

If you think that you would like to return to the US in the future be sure not to overstay your I-94.

Best of luck to you.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Therefore shall a man leave his father and his mother, and shall cleave unto his wife: and they shall be one flesh.

--Genesis 2:24 I think this means grandmothers too! Please talk to your fiance and ask him if he will marry you or not, so you can leave before the 90 days is up. Protect yourself and your future by returning home if he still refuses. If he drags you here and then treats you this way he probably is not Mr. right. Dont overstay and ruin your chances of a future here. this is my opinion and sorry if it offends anyone, good luck to you.

K1 Visa Timeline

10/11/2010 - I-129F sent via USPS

10/19/2010 - NOA1 hard copy received, dated 10/15/2010

04/08/2011- received NOA2 hard copy, dated 04/05/2011

04/12/2011- NVC received petition

04/18/2011- received letter from NVC

04/18/2011- Manila embassy received petition

04/27/2011- medical exam passed

05/04/2011- appointment letter received dated 06/01/2011

06/01/2011- appointment date, put on administrative review

06/24/2011- visa granted

06/29/2011- received visa

07/18/2011- cfo class

07/21/2011- arrived in America

09/02/2011- happily married!

AOS Timeline

12/01/2011- AOS packet sent

12/06/2011- received email and text from USCIS with MSC number

12/07/2011- check was cashed

12/10/2011- received NOA hard copy dated 12/05/2011

12/12/2011- received NOA hard copy for biometrics appointment for 12/28/2011

12/24/2011- received NOA hard copy stating that our case was transfered to CSC on 12/20/2011

12/28/2011- biometrics appointment completed

06/25/2012- put in service request

09/12/2012- AOS approved

09/17/2012- card production

09/21/2012- greencard in hand

ROC Timeline

08/04/2014 - sent ROC packet

08/13/2014 - received I-797, NOA, dated 08/08/2014

08/28/2014 - received biometric appt. letter for 09/11/2014

02/25/2015- ROC approved

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Filed: Citizen (apr) Country: Australia
Timeline
1) Since K1 Visa cannot be extended, can he apply me for any visa like the Tourist Visa while i am still in the USA just to extend my stay and will not go back yet to my place after the expiration of my K1 Visa?

2) Can I make some actions against my fiance since upon the date of my arrival he let me stay at his grandmother's house coz we are not married yet and when the time we cannot get along with his grandma, he let me stay and moved to my filipino friends house in another place about 800 miles away from his place. Are there any provisions of the K1 Visa that has been violated by him?

3) Can i sue him moral moral damage to be filed at my place so he cannot go anymore to Philippines if in time he wanted to? Because to us filipinos, this is very degrading, insult on my behalf and a big embarrassment to the family.

4) Pls help me. What will I do? Everyone's wise opinion is very much appreciated and will count it as a big help.

1. No

2. No

3. No. No offence but this would be bad for ANYONE, not just because you're Filipino. I also considered the embarrassment if it didn't work out for me and I decided it was worth the try and because I trusted my fiance (now husband).

4. Go home. I know it sucks but he's obviously not the guy for you and it's pathetic that he doesn't stand up to his family for you but I certainly wouldn't want to marry a man who can't stand up for me and our relationship. He SHOULD pay for your flight home though. He doesn't have to, but a decent person would.

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Filed: K-1 Visa Country: Vietnam
Timeline

1) Since K1 Visa cannot be extended, can he apply me for any visa like the Tourist Visa while i am still in the USA just to extend my stay and will not go back yet to my place after the expiration of my K1 Visa?

No. A K1 visa cannot be extended, and you cannot change to any other non-immigrant status. You can marry the petitioner and apply for a green card, or you can leave the US. Not many other options.

2) Can I make some actions against my fiance since upon the date of my arrival he let me stay at his grandmother's house coz we are not married yet and when the time we cannot get along with his grandma, he let me stay and moved to my filipino friends house in another place about 800 miles away from his place. Are there any provisions of the K1 Visa that has been violated by him?

Who is living at your friends house? You or him? Just curious...

No, he hasn't violated any provisions of the K1. In fact, there really aren't any provisions of the K1 visa that are legally binding on the US citizen. Marrying you would impose a legal obligation according to the laws of the state you live in. Signing an I-864 for your adjustment of status would impose a legal obligation to support you, according to the terms of the I-864 contract. The K1 visa itself doesn't impose any legal obligation on him whatsoever.

3) Can i sue him moral moral damage to be filed at my place so he cannot go anymore to Philippines if in time he wanted to? Because to us filipinos, this is very degrading, insult on my behalf and a big embarrassment to the family.

There are only a handful of reasons why the US State Department would prevent a US citizen from traveling outside the US. Being indicted on criminal charges, or having an arrears of court ordered family support payments are a couple of reasons. What you want isn't possible. The US government isn't going to prevent him from traveling abroad because you've been embarrassed, and they wouldn't prevent him from traveling to just one country. I don't know if there's something you could do to have the government of the Philippines refuse to issue a visa to him. I don't know about that aspect of Philippine law.

You could certainly sue him for a variety of things, not the least of which is breach of promise. You'll have to check the laws in your state to see if this medieval aspect of common law is still allowed. Most states have abolished "breach of promise" lawsuits. If you happen to live in one of the states that still allows it (Georgia, for example) then you can expect to collect monetary damages; i.e., money, if you succeed. Even if the lawsuit is successful, you can't force him to marry you, and you can't derive any immigration benefit from winning your lawsuit.

On a personal note, presuming everything you've told us is true from your perspective, I think his grandmother is simply an excuse. If his grandmother's wishes were really an issue then I think this is something he would have sorted out before sending the petition, much less before you arrived with the K1 visa. I think it's more likely he just changed his mind.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: IR-1/CR-1 Visa Country: Uganda
Timeline

If he is a true man and really wants to marry you, is it possible to have a civil marriage at the courthouse to keep things in process and later have a formal wedding with his family there? This way you can satisfy USCIS and his family does not need to know the details of everything you did? He will regret having his family dictate his decision when he's alone and has no opportunity to get you back in his life....

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  • 1 year later...

Hi Everyone,

Greetings.

I have a very serious and annoying problem encountered upon my arrival in the USA having petitioned as K1 Fiance Visa by my American fiance. Arrived here in the USA on February 2011 and my 90 days will be on the 25th of this month, May 2011. My worst problem is we haven't married yet with my sponsor for the reason that we cannot get along with his family esp. his grandmother who will be turning 90 yrs. old. She is very descriminating to filipino women that are coming only to the USA just for the American money and that filipino ladies are just using the american men to enter USA and that the 90 days period given to the K1 Visa applicants is not enough for us to get married and that we need more time to know more each other before getting married eventhough we started online dating since June, 2009.( I'm sorry, I am not talking the issue in general coz this is not happened to all) My fiance cannot decide on his own to set our wedding date coz he is afraid that his grandma's life would be in danger if he will not obey her decision not to marry me and that will sent me back to Philippines on or before the expiration of my visa. i am very much upset and deppressed to my fiance for this matter.

My questions are:

1) Since K1 Visa cannot be extended, can he apply me for any visa like the Tourist Visa while i am still in the USA just to extend my stay and will not go back yet to my place after the expiration of my K1 Visa?

2) Can I make some actions against my fiance since upon the date of my arrival he let me stay at his grandmother's house coz we are not married yet and when the time we cannot get along with his grandma, he let me stay and moved to my filipino friends house in another place about 800 miles away from his place. Are there any provisions of the K1 Visa that has been violated by him?

3) Can i sue him moral moral damage to be filed at my place so he cannot go anymore to Philippines if in time he wanted to? Because to us filipinos, this is very degrading, insult on my behalf and a big embarrassment to the family.

4) Pls help me. What will I do? Everyone's wise opinion is very much appreciated and will count it as a big help.

Sincerely,

Thessa65

Hi dear,

Was just wondering what did you do ? cause i know someone with similar situation.

Thanks

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