Complex K1 Issue - Need support

[pushbrk 13,043]

She violated the terms of the K-1 by marrying you and has stayed illegally since then. The law does not allow her to adjust status. She is illegally present. The only way to for her to become legal with the law as it stands today is with a waiver.

The rest of your post is on point but the woman violated no law by marrying a US Citizen. The law was violated when she didn't leave the USA before her 90 days expired. If she had done so, and gone through a spouse visa process, all would be well. Marrying somebody besides the petitioner is allowed. Staying is not.

Correct, but I said she violated the terms of her K-1 visa by not marrying the petitioner, not the law.

I was unable to edit my above reply. The USCIS site states the following concerning the K-1 visa:

If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States.

So I guess one could argue that technically it is not a violation of the visa terms to marry someone else. The consequence is that that you must leave the US, a somewhat vague area in the law with not much detail. How soon must one leave the US, what happens if they don't leave, etc. Marrying someone else is not using the visa for the purpose for which it was issued. Against the law, no. But isn't it really against the terms of issue? What do you think?

I think the expiration date on the I-94 is not vague at all. If they don't leave they have overstayed. While overstays are generally forgiven when an alien marries a USC, the K1 visa holder is an exception to that general practice. It's a loophole closed several years ago. Perhaps that's the change the OP is complaining about. It was done to cut off a fraud route.

[bakofoil 27]

I was unable to edit my above reply. The USCIS site states the following concerning the K-1 visa:

If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States.

So I guess one could argue that technically it is not a violation of the visa terms to marry someone else. The consequence is that that you must leave the US, a somewhat vague area in the law with not much detail. How soon must one leave the US, what happens if they don't leave, etc. Marrying someone else is not using the visa for the purpose for which it was issued. Against the law, no. But isn't it really against the terms of issue? What do you think?

I think the expiration date on the I-94 is not vague at all. If they don't leave they have overstayed. While overstays are generally forgiven when an alien marries a USC, the K1 visa holder is an exception to that general practice. It's a loophole closed several years ago. Perhaps that's the change the OP is complaining about. It was done to cut off a fraud route.

The terms of the I-94 are not vague either. The immigration officer wrote the expiration date and that I had been allowed to enter 'for the purposes of marrying <petitioner's name> only'. I am not sure how common this practice is, but it seemed pretty clear to me what my obligations were in order to remain in the US.

[spookyturtle 9,466]

Bottom line is OP has a wife who is unlawfully present like 12 million+ other people here in the US which grows as each day passes. Unfortunately, USCIS does not or cannot do much about this at the present time. The reality is not many get caught and they find the risk worthwhile. There are many here who entered legally and just stayed, regardless of the type of visa they had. The I-94 expiration means nothing to them. They have false documents, drivers licenses, ss cards etc. They have blended well into their local communities. Their kids go to school. Their neighbors don't know who is legal and who is not. It's not right or legal, but that's the way it is.

If you have money, you can get here one way or another. Go to Juarez, Mexico and you can rent a passport to cross the border. Not to mention corrupt personell on the border. Where there's a will, there's a way. You can buy everything you neeed to survive. You can even swim across the Rio Grande, get a job and the IRS will give you an ITIN # so you can pay your taxes, even though you aren't allowed to be here or work. There is a huge underground network out there if you so chose to live that way, and millions do. The OP has an opportunity to do fix his problem legally, or he can continue to sleep with one eye open until there is some type of immigration reform. I'm tired of the system abuse and the governing bodies that let it go unabated. End of rant.

Edited September 11, 2008 by spookyturtle

[RandyM 0]

Spooky,

You are correct, and some of us know all this and choose the right path of doing things legally, and see others doing things illegally and getting away with it and saving lots of money and time. However, like you said they may have to sleep with 1 eye open.

Bottom line is OP has a wife who is unlawfully present like 12 million+ other people here in the US which grows as each day passes. Unfortunately, USCIS does not or cannot do much about this at the present time. The reality is not many get caught and they find the risk worthwhile. There are many here who entered legally and just stayed, regardless of the type of visa they had. The I-94 expiration means nothing to them. They have false documents, drivers licenses, ss cards etc. They have blended well into their local communities. Their kids go to school. Their neighbors don't know who is legal and who is not. It's not right or legal, but that's the way it is.

If you have money, you can get here one way or another. Go to Juarez, Mexico and you can rent a passport to cross the border. Not to mention corrupt personell on the border. Where there's a will, there's a way. You can buy everything you neeed to survive. You can even swim across the Rio Grande, get a job and the IRS will give you an ITIN # so you can pay your taxes, even though you aren't allowed to be here or work. There is a huge underground network out there if you so chose to live that way, and millions do. The OP has an opportunity to do fix his problem legally, or he can continue to sleep with one eye open until there is some type of immigration reform. I'm tired of the system abuse and the governing bodies that let it go unabated. End of rant.

Edited September 12, 2008 by RandyM

[GiGii 4]

We chose to get married because we loved each other and yet our family is being punished because the current legislation doesn’t make any sense.

We have received the support of our local congress person to help get this amended. What we are currently looking for is to put together a list of others that have been affected by this. We need to be able to show congress and the senate that this flaw in our immigration law is affecting others aside from just us.

I have no idea where you are seeking support. You guys were irresponsible and didn't check into immigration laws. You thought as long as you are a USC everything should work out. Your ignorance is your own fault, dont blame the current legislation. This site is based on all the people that research AHEAD OF TIME the process of how to be together legally. You too had that opportunity, you didn't take it. Why do you call your own slacking a flaw in immigration? The rules are laid flat out. You had the possibility of marrying your wife, having her go back to Russia and file a K3, and she'd be back here legally & it would all be good.

The situation you are in, is not the result of a flaw in immigration, not a result of anyone punishing you. Its a result of your own failure to plan.

[Badgerella 5]

What exactly should one expect from a system where a CO nicely nods his head when you ask if being honest with them is what, in reality, gets you screwed over?

The more honest I am or the longer I keep doing things the right, legal way, the more I am disgusted with everything. I am almost at the point where I'd actually congratulate everyone who does things the fastest way, regardless of whether it's actually even remotely legal. In the end, and that's quite obvious and easy to check, everything works out.

[akdiver 3]

All you had to do to avoid this was:

a]. Have her go back to Russia and you petition her for a K-1

b]. Both of you go to Russia, get married, and you petition her for a spouse visa.

c]. Marry her in the US and have her leave on-time and then you file for a spouse visa.

Very, very, very easy. Yet, you chose not to do this. Why? Why??? Trying to take a short cut, that's why. Now look at the hassle and expense you bear. Some short cut.

Law makes perfect sense. Not complying with the law does not. Don't blame the law, blame yourselves.

Edited September 16, 2008 by akdiver

[Chica Yeyé 41]

Ditto. Shortcuts and maybes are a certain deal breaker when dealing with USCIS. No one to blame but yourselves - the law is clear. Hope Mr. Wu can get you out of this one.

[Eric-Pris 1,607]

K-1 rules are pretty much strict liability. If you break them, you pay the price. Whether you intended to or not is irrelevant. It's like speeding in a car. It doesn't matter if you meant to drive 75mph, but you did and you get a ticket. Consider moving to her country or another country for 10 years.

The more honest I am or the longer I keep doing things the right, legal way, the more I am disgusted with everything. I am almost at the point where I'd actually congratulate everyone who does things the fastest way, regardless of whether it's actually even remotely legal. In the end, and that's quite obvious and easy to check, everything works out.

Another satisfied customer.

[JenT 0]

All you had to do to avoid this was:

a]. Have her go back to Russia and you petition her for a K-1

b]. Both of you go to Russia, get married, and you petition her for a spouse visa.

c]. Marry her in the US and have her leave on-time and then you file for a spouse visa.

Very, very, very easy. Yet, you chose not to do this. Why? Why??? Trying to take a short cut, that's why. Now look at the hassle and expense you bear. Some short cut.

Law makes perfect sense. Not complying with the law does not. Don't blame the law, blame yourselves.

Yep, pretty straightforward. And I agree with pushbrk... good luck finding others who are willing to step forward and 'out' themselves.

[Eric-Pris 1,607]

And I agree with pushbrk... good luck finding others who are willing to step forward and 'out' themselves.

Here's one candidate: http://www.visajourney.com/forums/index.php?showtopic=152960

[JenT 0]

And I agree with pushbrk... good luck finding others who are willing to step forward and 'out' themselves.

Here's one candidate: http://www.visajourney.com/forums/index.php?showtopic=152960

Oh, right...

[akdiver 3]

I'll admit I was tempted to get my special one to come here on a student visa and take up from there. Would have been fairly easy in our case. But I just did not want to take any chance at all on screwing myself, because, the way my life works, that's exactly what would have happened. It's fair to say I didn't care about the law - only the penalty for violating it.

And truthfully speaking, while I do not enjoy the time and expense of dealing with USCIS and company, it has not been horrible.

• After almost 6 months to the day of my filling out the K-1, she was here (really, this was the hardest part, but it was OK)
• She obtained a state ID card and applied for a SSN the following day.
• Within two weeks she had the SSN card. Within four weeks, she had a driver learner's permit
• Within 6 weeks or being in country, she had a full driver's license (before we even got married)
• Within 4 months of arrival she had work authorization (two months after filing for it),
• Within 5 months of arrival she had a good job.
• Almost 1 year to the day of filing the K-1, she got her first PR card.
• Removal of conditions was completed in record time.
• Within 3 years of arrival, she completed a M.S. degree and got an outstanding job
• Citizenship is currently pending approval

We really don't have much to ###### about. Yeah, it would be nice if they would just give work authorization at ALL points of entry, but truthfully, it didn't hurt us much. Those 4 months were well spent, getting used to life here, learning how to drive here, getting some local experience via volunteerism before applying for a job, etc. Yeah, it would be nice if we didn't have to pay a total of $1770 in USCIS fees and probably a total of 4 years from K-1 filing to citizenship (and maybe passport) in hand, sure. But the reality is that it really hasn't been some kind of incredible hardship. I don't thin the USCIS process has really hampered us in any way.

I realize that we have had a better experience than some, but all in all, I am VERY glad that we did things the legal way and don't have to keep wondering about that knock at the door, or looking over our shoulder. I'd definitely put us in the category of "USCIS Success Story" - and all I can say is, thank ###### god for that (:

Had the OP simply done things the proper way, they would have been done with USCIS a long time ago.

Cheers!

AKDiver

Edited September 26, 2008 by akdiver

[chris4gretchen 1]

Currently we have received the support of our local congressman to either amend current legislation, or to put forth a change in the comprehensive immigration reform. What we are really looking for is to find couples, attorneys, or anyone that has dealt with this issue in the past. We are covering all legal expenses on this and we are looking for others in our situation. The hardship scenario has been evaluated at length, and proper reform to address the issue is really the best solution.

There isnt any reform needed. The rules of a K1 are very clear, and there to prevent fraud. You must marry the petitioner within 90 days or leave the USA. She could have left the USA since she married you but she did not. Then you found out she couldnt adjust and continued to have her overstay illegally. No one is going to change the immigration law to allow law breakers to adjust status, your local rep is blowing smoke to you. You really think they will change and reform immigration to allow fraud?

secondly its not a loophole and never was. Its a common sense requirement to prevent fraud on US citizens. I wonder how the original guy felt paying and waiting all the time to get his fiance to the US, all the while you're making time with her and "keeping in touch" and then she gets here and suddenly you two are in love and get married . nice one, i got alot of sympathy for you and the mrs. NOT.

And how much time effort and money did you spend to bring your wife here? Zero, all on the other guy's dime and heartache. And its been going on for 6 years??? and you know she's illegal? You got what you deserve now after all this time you could have corrected it and dealt with it. Good luck finding others who did the same thing. I think you should all go picket outside USCIS to reform your problem, that way its easy to round you all up.

Chris