K-1 Visa for one man, married another.

[tralfamadore 0]

Here is my situation...

My wife came here on a K-1 visa for another man, within the first week of staying with him, she found he had cheated on her with a call girl and started the process to go home... She had planned to go home one month before her K-1 Visa expired, and this is when we met, when she had 2 days left before she was to return to her home country of Indonesia. So, since she had another 34 days left on her Visa, I asked her to cancel her flight and we got her another flight for the day her visa expired. Then, she came to live with me and within a week of being together I decided to ask her to marry me, and she said yes... During this time we went to pre-marriage counseling with clergy for 3 weeks and we also attended church each Sunday, then we were married in front of a small group of family and friends (because on such short notice I could not expect everyone I invited to come) and she went back to her home country... We miss each other very much and are in constant communication.

I am starting to put together a I-130 petition and would like to know if anyone can see any problems with how we met and got married according to the standards of immigration?

What steps should I take to insure my I-130 does not get rejected?

[JohnR! 5,495]

Just make sure you gather enough evidence your marriage is legit, because it may look suspicious to a CO the fact that she entered the US on a request made by another man, ended up breaking that engagement after months of waiting for a visa, only to marry you so quickly afterwards.

Please forgive me if my words sound harsh. I am only trying to point out where the entire situation may hit a snag.

[Anh map 2,098]

Here is my situation...

My wife came here on a K-1 visa for another man, within the first week of staying with him, she found he had cheated on her with a call girl and started the process to go home... She had planned to go home one month before her K-1 Visa expired, and this is when we met, when she had 2 days left before she was to return to her home country of Indonesia. So, since she had another 34 days left on her Visa, I asked her to cancel her flight and we got her another flight for the day her visa expired. Then, she came to live with me and within a week of being together I decided to ask her to marry me, and she said yes... During this time we went to pre-marriage counseling with clergy for 3 weeks and we also attended church each Sunday, then we were married in front of a small group of family and friends (because on such short notice I could not expect everyone I invited to come) and she went back to her home country... We miss each other very much and are in constant communication.

I am starting to put together a I-130 petition and would like to know if anyone can see any problems with how we met and got married according to the standards of immigration?

What steps should I take to insure my I-130 does not get rejected?

The key is to prove that it is a true relationship, not one for immigration purposes. So far your story sounds a bit sketchy. Passage of time and spending more time together would help to convince a CO of the legitimacy.

Point in her favor is returning home and not trying to stay and adjust status.

How did you meet?

Kismet happens. Now the onus is on you two to prove the legitimacy.

*Moved from K1 forum to IR1/CR1 forum*

[Bryan and Isabel 29]

All answers are correct, but unfortunatly she needs to leave the USA and come back on a different visa youmust apply for.

GOODLUCK!

[del-2-5-2014 1,339]

This thread disproves what most K1 recipients say that when they come in on K1 that they are stuck at home with no license, no car, no friends, no bank accounts, etc

Good luck to all concerned.

All answers are correct, but unfortunatly she needs to leave the USA and come back on a different visa youmust apply for.

GOODLUCK!

She has already left the USA per OP.

[Ning 619]

Here is my situation...

My wife came here on a K-1 visa for another man, within the first week of staying with him, she found he had cheated on her with a call girl and started the process to go home... She had planned to go home one month before her K-1 Visa expired, and this is when we met, when she had 2 days left before she was to return to her home country of Indonesia. So, since she had another 34 days left on her Visa, I asked her to cancel her flight and we got her another flight for the day her visa expired. Then, she came to live with me and within a week of being together I decided to ask her to marry me, and she said yes... During this time we went to pre-marriage counseling with clergy for 3 weeks and we also attended church each Sunday, then we were married in front of a small group of family and friends (because on such short notice I could not expect everyone I invited to come) and she went back to her home country... We miss each other very much and are in constant communication.

I am starting to put together a I-130 petition and would like to know if anyone can see any problems with how we met and got married according to the standards of immigration?

What steps should I take to insure my I-130 does not get rejected?

I realized too late that my initial responce was incorrect. I have asked that it be removed.

The problem with your situation is in the fact that she entered the USA on the K 1 to marry another USC. I agree with Anh map in every respect. You will have to be careful to be ready to explain what took place as the case develops. The questions may only come during the interview so she will have to be ready to answer. The simple truth will be enough but they will still question why she married another in the short time she was here.

You can send in the petition now and use the processing time to build your relationship background that will help your case appear to be what it must be to allow the visa to be granted. Her leaving the USA was the very best thing that could be done although it is also the most difficult thing to do as well. It may serve you well to try to go visit her at least once to help ensure success.