PAST 90 DAYS BEFORE MARRIAGE?!

[K&A 0]

Hi All!.... I know I should be posting this question elsewhere but I feel like this question has been asked before but I don't recall the answer.

I met a Ghanian lady with a new born child in a supermarket when me and my Husband went shopping and since we were speaking our native language she approached us and we started talking. It turns out she came to the U.S. on a K-1 Visa too like my husband did.

POINT OF THE STORY: She started crying that she will have to return back to Ghana because her Fiance and her DID NOT GET MARRIED WITHIN THE 90 DAYS WHEN SHE FIRST CAME TO THE U.S. AND HER FIANCE TOLD HER THAT SINCE HER VISA HAS EXPIRED SHE WILL HAVE TO RETURN BACK TO GHANA AND RE-FILE FOR THE K-1 VISA WHICH WILL TAKE TWO YEARS BEFORE SHE CAN COME AGAIN.

I DIDN'T BELIEVE HER FIANCE...THE GHANIAN LADY SAID SINCE SHE CAME TO AMERICA, HER FIANCE DON'T ALLOW HER ANY FRIENDS WITHOUT HIS APPROVAL AND ETC. SHE IS YOUNGER AND HER FIANCE IS MUCH OLDER AND IT SEEMS HE WANTS TO SEND HER BACK TO GHANA (in my opinion).

WHAT WORRIES ME IS THAT THEY HAVE A CHILD TOGETHER 6 MONTHS OLD. SHE WILL BE LEAVING BACK TO GHANA BY DECEMBER WITH HER SON AND WANTS ME TO FIND OUT IF SHE REALLY HAS TO GO...IF THERE IS ANYTHING SHE CAN DO TO STAY?

SHE CAME ON A K-1 VISA BUT DID NOT GET MARRIED WITHIN THE 90 DAYS....AND HER MAN SAYS THEN SHE HAS TO GO THERE IS NO HOPE. I ASKED ARE THEY FIGHTING AND SHE SAID NO...THEY ARE OK. HUMMM IT SEEMS OFF TO ME.

ANY IDEAS ANYONE? SO I CAN TELL HER?

[Otto 83]

According to a VJ-FAQ

What happens if we do not get married within the 90 day validity of the K1 visa?

A..In this case, you can no longer file for Adjustment of Status based on being a K1. You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

But it sounds like she has other issues besides her status.

[Zee Bee 61]

Ditto what Karin and Otto said.

Also, if she has overstayed her I-94 (which it sounds like she has) it will not look good if she is going to be applying for another US visa.

[K&A 0]

According to a VJ-FAQ

What happens if we do not get married within the 90 day validity of the K1 visa?

A..In this case, you can no longer file for Adjustment of Status based on being a K1. You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

But it sounds like she has other issues besides her status.

Thank you for your quick reply.... And indeed it does sound like she may have other issues but since we have only met.... it will take a little more talking before I guess she spills the beans so to speak. But, my vibe I got was the fiance/husband is either no longer interested or really doesn't know that there are other options. The Ghanian lady barely knows enough English and or knows how to operate in America it seems. She just follows the guidelines set by her husband/fiance. But, I will tell her to file for the I-130 relative petition along with the I-485 form and also I will tell her that she needs to inform her husband/fiance about filing the I-130 and I-485 because I know there will be money involved and also he will have to be involved anyways....( she did not clarify if they got married yet, another question I have to ask her). I met her yesterday at the supermarket and told her that I will help her and she seemed very grateful that I wanted to help because she said she had no one else to turn to...

[sara..... 371]

i really hope that it is a case of he does not know what to do.........but it sounds like he just wants to get rid of her and the child then there is also the problem of has she over stayed long enough that a band of a few years will be added onto to her so that she can not come back to the usa until that band has been lifted? if he really wants for her to stay he needs to do something fast........and this is just my opinion nothing i have read.........

sara

[Zee Bee 61]

Thank you for your quick reply.... And indeed it does sound like she may have other issues but since we have only met.... it will take a little more talking before I guess she spills the beans so to speak. But, my vibe I got was the fiance/husband is either no longer interested or really doesn't know that there are other options. The Ghanian lady barely knows enough English and or knows how to operate in America it seems. She just follows the guidelines set by her husband/fiance. But, I will tell her to file for the I-130 relative petition along with the I-485 form and also I will tell her that she needs to inform her husband/fiance about filing the I-130 and I-485 because I know there will be money involved and also he will have to be involved anyways....( she did not clarify if they got married yet, another question I have to ask her). I met her yesterday at the supermarket and told her that I will help her and she seemed very grateful that I wanted to help because she said she had no one else to turn to...

They have to be married in order to file the I-130/I-485 so if he is not interested and wants her to go home, I don't see any way that she can stay.

[K&A 0]

OH NOOOOOOOOOO.... I JUST CALLED USCIS AT 1-800-375-5283 AND THE GUY OR REPRESENTATIVE I ASKED THE SAME QUESTION CAN THE LADY STILL FILE I-130 FORM ALONG WITH THE I-485 EVEN THOUGH SHE HAS WAITED PAST THE 90 DAYS TO GET MARRIED ON HER K-1 VISA AND HE SAID NO....THAT SHE CAN'T FILE FOR THOSE FORMS SO NOW I AM CONFUSED....

I CALLED THE GHANA LADY GIVING HER HOPE AND WAS CALLING THE USCIS TO FIND OUT HER LOCAL USCIS OFFICE WHERE SHE WILL SEND THE APPLICATION AND THOUGHT LET ME ASK THE GUY AND THAT WAS THE ANSWER THAT I GOT...NOW I DON'T KNOW HOW TO BREAK THE INFORMATION TO THE LADY.....

SO SHE REALLY HAS TO GO BACK TO GHANA....HE SAID THAT IF SHE FILES FOR THE FORMS HER PETITION WILL BE DENIED...I FEEL SO SORRY FOR HER...

[Zee Bee 61]

She is eligible to file the I-485 and I-130. Unless the rules have changed and they have changed the criteria, the person you talked to has no idea what they are talking about.

[chispas 0]

Yeesh,

This is an extremely tough position to be in because in addition to the VISA problems, she might have cultural (tribal, family, etc.) issues to contend with that may not be evident right now. Is there a community resource place that would take on her case? If you are willing to go through the process with her, your husband may have to sit down and talk with her husband to get his take on what happened. There might be some information you can get if the "guys" discuss it rather than among each other.

At this point in the process there is very little room for hit or miss so all accurate information is desperately needed or she'll find herself back to Ghana on her parent's doorstep. Hope all goes well

Chispas

[beejay 123]

Please correct me if I am wrong but it sounds like the OP is saying that the woman has not married her fiance. Am I correct? In that case she would not be eligible to file an I-130 and would have to return to Ghana.

[Zee Bee 61]

Please correct me if I am wrong but it sounds like the OP is saying that the woman has not married her fiance. Am I correct? In that case she would not be eligible to file an I-130 and would have to return to Ghana.

As per Karin and Otto's post, if the mariage does not take place within 90 days then they can still adjust (filing I-130 and I-485) once they get married to each other. If she marries another USC she cannot just stay and adjust.

[beejay 123]

[quote name='ZeeNusah' date='Sep 22 2008, 08:38 AM' post='2238535'

They have to be married in order to file the I-130/I-485 so if he is not interested and wants her to go home, I don't see any way that she can stay.

I think I missed this post my first read through. This was the point I was trying to make.

Sorry for the confusion. Thanks ZeeNusah.

[chispas 0]

Please correct me if I am wrong but it sounds like the OP is saying that the woman has not married her fiance. Am I correct? In that case she would not be eligible to file an I-130 and would have to return to Ghana.

Yes, the OP is saying that they aren't married. However, I referred to him as husband more out of respect for her position as a woman and mother of his child. So hope no one was thrown off by this.

[kk_mine 0]

My opinion: Wow I feel very bad for her! To know that not only her but now a child is involved! Im juss going off what you wrote and something is strange about her fiance (IMO) it sounds as if he wants her to go back, as if he can then be rid of her and his responsibility. I don't even know her, I don't have to and my heart goes out to her!! Bottom line he knew the rules, meaning they had 90dys. It spells that out very clear. I did not understand a few things on the form but I did see 90days and it spelled that out so to speak!

Please keep us posted if you don't mind. I wish her and her lil one the best. And if her fiance is being cruel (by not going by 90dys, and wants her to go back) you reap what you sew. Again my opinion...

[K&A 0]

Hello everyone and thanks for your comments....I have dug a little deeper and to my SURPRISE The are not yet married. She told me that her Fiance said since they had missed the 90 dyas opportunity that it was too late. And get this...she said that they have asked more like her fiance has asked immigration officers about their situation and that they are the ones saying there is no hope so that is why they didn't get married.

I wonder, she has been here more then a year and counting...if she was to get married now can she file for the I-485 and I-130?

I feel bad for....I remember when I was in the dark about the process and procedure for VISA petitions. So now my question is if she gets married now as in by next month she will not be able to file for the I-130 & I-485? She has to go back to Ghana?