unusual k1 petition

[scsummers 0]

There is no ban for an overstay of less than 180 days.

If her previous petition has been withdrawn by the petitioner, then you can start filling out the paperwork and having her sign the things you need original signatures on, yes. However, she needs to leave the country immediately or else she's overstaying and will receive appropriate bans.

[scsummers 0]

HMMM. I searched the USCIS website but I could not find any information on their "stinkeye" policy.

Her K-1 visa expired the day she entered the U.S. Her I-94 allowed her to remain in the U.S. for 90 days. If her I-94 expired yesterday, then she is now an overstay. She has no way to stay in the U.S. and adjust her status because she did not marry her petitioner.

She needs to leave the U.S. She also needs to have her petitioner withdraw the petition. Once the petition is withdrawn, then you can petition her. Your petition is going to get the stink eye at the Embassy because of her back-to-back petitions and because of her overstay.

[lost_at_sea 995]

HMMM. I searched the USCIS website but I could not find any information on their "stinkeye" policy.

The "stink eye" policy would be that they are looking to verify if a relationship appears to be genuine. Back to back petitions cause them to doubt.

[scsummers 0]

We can take a stinkeye. I am only worried about kaw, policy, and procedure.

Sorry, law.

[lost_at_sea 995]

We can take a stinkeye. I am only worried about kaw, policy, and procedure.

Sorry, law.

Well, prepare good relationship evidence. It's required in the petition package.

[Pitaya 2,577]

This did not answer my question. Can we apply for a new k1 while she is still in the US.

quote name="A&B" post="6823574" timestamp="1392483328"]

Welcome to the forum.

Her K-1 visa was cancelled the second she entered the US at her POE. The K-1 visa is a one-way, one-time visa. She had 90 days to get married to her USC petitioner. If she did not get married to her original USC petitioner within 90 days of her US arrival, she needs to go back home, or be in violation of US immigration laws.

Here is the lowdown on K-1 visa process from USCIS, nothing hypothetical:

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

Sorry, I provided an appropriate answer and an official government link for your reading, pursuant to all of the information that you provided. Speaking about all of the information provided.... Has the first petition been formally withdrawn by the first USC petitioner? As others have mentioned, the first K-1 visa action has to be dealt with first.

She has 90 days to either get married to the first petitioner, or return to her home country.

Good luck on your visa journey.

[scsummers 0]

Your reply is mostly useless. Your comments on falling in and out of love have no bearing on the reality of my situation. I will NEVER travel to another country, I am a disabled vet. And just because I survived prior to meeting her does not mean it would not be a hardship to go through a long separation now.

She has to depart, do not petition a k1 until the first one is officially

cancelled, or it will likely show 2 petitions, once she enter that visa

expired, with no marriage she cannot adjust by any other means

Take this time to take pics showing you in a relationship now B4

she leaves, go visit her in her own country once, and take time to

know her its not an overnite thing....ppl don't fall in & out of love at

the drop of a hat....there may be some scrutinity from uscis

No hardship waiver is in the mix and they would ask how U have

been existing, It'll definitely be longer than 6 mths

[Tahoma 2,292]

HMMM. I searched the USCIS website but I could not find any information on their "stinkeye" policy.

That was a very quick search!

Like many issues regarding the K-1 process, you won't find it there. You also won't find it on the U.S. Embassy Manila's web site.

You will find it here from experienced members who have been following the U.S. Embassy Manila.

Have you consulted with an immigration attorney?

[scsummers 0]

Please keep personal observations and advice to the lovesick to yourself. I am only interested in what the law says about my situation. ANYTHING I learn here I will use to ask questions when I consult an attorney.

[Jawaree 717]

OP said her K1 expired yesterday so now she is officially illegal in the country at 92 days

She has an overstay he'll need a co-sponsor, It will appear a fraudulent relationship on her

part whenever he petitions her and of course when questioned how and when did they meet

[lost_at_sea 995]

he'll need a co-sponsor

I just realised it's a Manila case. Manila doesn't like to take joint sponsors in K1 cases.

[AmyWrites 593]

It looks like some sort of attempt to fraud. You need A LOT of evidence, and likely a joint sponsor, assuming you don't earn enough or have enough assets.

[Ketsuban 1,034]

There is no "stink eye" law because that would restrict officers' criteria for suspecting fraud and acting upon it. It is totally within their discretion to deny a visa if they detect a faint hint of fraud, even if there is none. Similar to how immigration officers at airports can deny entry to anyone for any reason.

[christeen 966]

Law... The first petition must be withdrawn from her original fiancé... That is step one. Once that is complete, you can file another k1, even while,she is here. She must return prior to the 180 day mark or incur a ban. Gathere as much evidence as you can, put her on accounts, insurance etc. I did not see you mention anything about financial issues with sponsorship, however, IF you do not earn 125% of poverty level for your household and cannot cover with assets, then you will have an issue as Manila does not normally accept co-sponsors on k1. At that point,n would have to marry and file spouse visa.

[Tahoma 2,292]

There is no "stink eye" law because that would restrict officers' criteria for suspecting fraud and acting upon it. It is totally within their discretion to deny a visa if they detect a faint hint of fraud, even if there is none. Similar to how immigration officers at airports can deny entry to anyone for any reason.

^^^. Precisely.