NEED HELP!!! REALLY... NEED HELP!

[tashyta 0]

HI EVERYONE!

I entered USA with K1 visa, but due to certain circumstances we didn't get married. So I live here in US since March 2007, which is 11 months. I was wondering can I file for a working visa here in US and how can I do it? Is it possible at all to stay here and not being deported? Or any other possibilities with the permission for me to legally work here (I really want to work). My fiance doesn't want me to leave, he still wants to marry me. But now he has serious problems with his business after he came from his deployment to Iraq, he is trying to solve them.

I would really appreciate any information and advice!!! I couldn'd find anything on this case...

Thank you very much!

[Emo 0]

HI EVERYONE!

I entered USA with K1 visa, but due to certain circumstances we didn't get married. So I live here in US since March 2007, which is 11 months. I was wondering can I file for a working visa here in US and how can I do it? Is it possible at all to stay here and not being deported? Or any other possibilities with the permission for me to legally work here (I really want to work). My fiance doesn't want me to leave, he still wants to marry me. But now he has serious problems with his business after he came from his deployment to Iraq, he is trying to solve them.

I would really appreciate any information and advice!!! I couldn'd find anything on this case...

Thank you very much!

There is no way you can change K1 visa

[winterr 0]

Are you going to marry him?

[tashyta 0]

Are you going to marry him?

Yes, I am! But I hve no idea when it can happen

Edited February 14, 2008 by tashyta

[Minya's wife 24]

Are you going to marry him?

Yes, I am! But I hve no idea when it can happen

All you need is a $35-50 (depending on where you live) marriage license and booking an appointment at the county courthouse for a judge to perform the ceremony. Why wasn't this done w/in the 90 days alotted on your K1 visa?

The sad fact is that the K-1 visa is very specific in its purpose and has limitations. It is a one time entry visa, for the express purpose of the beneficiary to come the US and marry the petitioner fiancee. Furthermore, the marriage must be concluded within 90 days of the beneficiary's entrance into the US. Te next major step in the process, Adjustment of Status (AOS) can be delayed, but the marriage must have taken place w/in 90 days.

There is no option for any other path, as far as I know. You cannot apply for a work visa (from the US, you must go back to your home country and do that) and you cannot marry anyone else but the petitioner. Once your I-94 expires and you are not married to the petitioner, you must return to your home country or otherwise you begin accruing time of "illegal presence". This may have serious reprecussions on any future US visa eligibilities.

-P

[shea 0]

HI EVERYONE!

I entered USA with K1 visa, but due to certain circumstances we didn't get married. So I live here in US since March 2007, which is 11 months. I was wondering can I file for a working visa here in US and how can I do it? Is it possible at all to stay here and not being deported? Or any other possibilities with the permission for me to legally work here (I really want to work). My fiance doesn't want me to leave, he still wants to marry me. But now he has serious problems with his business after he came from his deployment to Iraq, he is trying to solve them.

I would really appreciate any information and advice!!! I couldn'd find anything on this case...

Thank you very much!

nothing u can do now too late

[tashyta 0]

All you need is a $35-50 (depending on where you live) marriage license and booking an appointment at the county courthouse for a judge to perform the ceremony. Why wasn't this done w/in the 90 days alotted on your K1 visa?

The sad fact is that the K-1 visa is very specific in its purpose and has limitations. It is a one time entry visa, for the express purpose of the beneficiary to come the US and marry the petitioner fiancee. Furthermore, the marriage must be concluded within 90 days of the beneficiary's entrance into the US. Te next major step in the process, Adjustment of Status (AOS) can be delayed, but the marriage must have taken place w/in 90 days.

There is no option for any other path, as far as I know. You cannot apply for a work visa (from the US, you must go back to your home country and do that) and you cannot marry anyone else but the petitioner. Once your I-94 expires and you are not married to the petitioner, you must return to your home country or otherwise you begin accruing time of "illegal presence". This may have serious reprecussions on any future US visa eligibilities.

-P

We have already applied for marriage license and as you can guess it has expired too! My fiance doesn't understand how serious situation is, he keeps saying that everything will be fine...

[mox 298]

I'm really curious as to why you didn't marry within the first 90 days, but that's really neither here nor there.

You need to get yourself a competent immigration attorney at this point. You are most likely looking at having to return to your home country and then re-applying on K-1 or CR-1.

You need to get this taken care of ASAP. The longer you are here illegally, the worse it will be for you.

We have already applied for marriage license and as you can guess it has expired too! My fiance doesn't understand how serious situation is, he keeps saying that everything will be fine...

You need to grab your fiance by the shoulders and shake vigorously. This is an EXTREMELY serious situation. You both need to get an attorney right now and get this thing fixed. You are running out of time.

[tashyta 0]

I'm really curious as to why you didn't marry within the first 90 days, but that's really neither here nor there.

You need to get yourself a competent immigration attorney at this point. You are most likely looking at having to return to your home country and then re-applying on K-1 or CR-1.

You need to get this taken care of ASAP. The longer you are here illegally, the worse it will be for you.

Actually, this is my second K1 visa with my fiance. The first time I came here in 2005 just to visit him and his family (at that time he had 2 weeks off his deployment). This is my second time here, so I am not sure that the embassy will give me one more visa

[eau_xplain 2]

As it stands right now, you will incur a 3-year bar from returning to the USA if you leave now. A few more months and it will be a 10-year bar. You are considered out of status and can be subject to deportation if caught by ICE. Your only hope of changing legal status is to pursue your marriage plans to completion and apply for AOS together with I-130. Do not leave the country without first consulting with a good immigration attorney if you want to preserve your ability to return to the US legally.

[mox 298]

Actually, this is my second K1 visa with my fiance. The first time I came here in 2005 just to visit him and his family (at that time he had 2 weeks off his deployment). This is my second time here, so I am not sure that the embassy will give me one more visa

You got a K-1 visa just to visit? And you didn't get married on your second K-1?

Okay.

Just get yourself an attorney. Do whatever it takes to make your fiance listen. This is a serious situation and you both need to get it taken care of right now.

[tashyta 0]

You got a K-1 visa just to visit? And you didn't get married on your second K-1?

Okay.

Just get yourself an attorney. Do whatever it takes to make your fiance listen. This is a serious situation and you both need to get it taken care of right now.

Thanks! I'll see what I can do

[mox 298]

I'll just throw this out there too, and you can take it for what it's worth: Doesn't it seem odd to you that your fiance is so reluctant to take this situation seriously and just marry you? He didn't marry you on your first K-1. He didn't marry you on your second K-1. He has let your current marriage certificate expire.

Does this guy ever really plan to marry you, or is it possible that he is just taking advantage of you? Currently your fiance is not the person who is in trouble. You're the one in trouble, and he doesn't seem to really care.

I don't know anything about your relationship, so I won't speculate. But I have to wonder why you are tolerating such a one-sided deal.

[john_and_marlene 162]

All is not lost. Although you cannot adjust status now based on the K-1, you can still marry the petitioner and file I-130 in conjunction with the I-485 and have them adjudicated together. You need to do this as soon as possible--until you have the I-485 pending, you are technically deportable.

I did see an earlier response in this thread that said you have no option but to leave--that is not correct. However, your ONLY option to stay and adjust status is to marry the K-1 petitioner and do the I-130 and I-485 together.

If you leave now before adjustment of status is complete, you will have incurred a 3 year ban (soon to be a 10 year ban if you continue to stay out of status).

[mariapoe 0]

I'm sorry to hear about your situtaion. About your fiance, I agree with mox and others that you have to talk to a good immigration lawyer as soon as possible. I wonder though, why do you want to stay in the US that bad? Is it for him, or for you?? You say you want to work. Speaking from experience, I"d tell you that a foreigner himself cannot apply for a working visa, it always must be a company who applies for a working visa for you. Another option would be a student visa but it's complicated because you have to be admitted to the university, etc. And for this, you'll probably have to return to Ukraine (you're Ukrainian, right?)

In any case, talk to your man, and if he doesn't understand how important it is for you, just push some buttons, woman! Don't let him to treat you like this, don't tolerate this. He'll find more and more reasons not to get married, and you don't have a luxury of time, do you? I also had an episode with my fiance long time ago (he was my boyfriend then.) He was stubborn and didn't see my situation as seriuos as it was. We talked, we fought, and I left. I said either you treat me the way I deserve, or I'm not here anymore. It took him some time to come back to his senses but, in the end, everything has worked ouf fine for us. You may have more complecated case, of coure, I hope that your fiance and you will collaborate on it.

Good luck!