k1 visa expired and married to someone else

[boyage 1]

If you have a good foundation in life that's good.If you believe in God that is more good.What do you concern about?Why do you not want me to talk about him.That's why I thought you don't believe in him.Now,I am glad to know that you are also God believer.So,what's wrong if i impose my saviour.We are different.That's how I show my love to him.There's nothing to be concern about....

[TayRivers 4]

Bottom line is that any interviewing officer is going to look at your story and conclude that you married the first person who you could find so that you could remain in the US.

You may well find you are going back to your country and your now husband will have to file for a CR1 visa and a waiver to overcome any ban that you get for overstaying your K1 visa.

[Minya's wife 25]

paradise,

FACT - you disregarded the rules of your K-1 did not marry your petitioner and overstayed your visa.

FACT - you are now NOT ELIGIBLE to adjust your status based on marriage while you are here in the US.

FACT - with each day you continue to remain here, you are accruing "illegal presence" days, which when added together makes you banned from re-entering. No amount of I-130 petitioning, or marrying anyone else, or anything will remove this ban. Only if you're allowed to apply for and approved a waiver would you be able to remove this ban.

Why you did what you did is your issue, but if you want to have a shot at coming to live here US with all the legal right afforded to an immigrant, you need to do two things and do them pretty fast.

1. You and your husband need to find a good immigration attorney and go have a consultaion.

2. Make your reservations, and leave the country ASAP....

You've been overstaying your visa as you pointed out since February, that puts you at 7 months. At this time your are facing a 3 year ban, but if you stay here longer than a year, you will be facing a 10 year ban.

* 3-year bar to readmission to the United States if alien voluntarily departs the United States after being unlawfully present for more than 180 consecutive days, but less than 1 year

* 10-year bar to readmission to the United States if the alien departs (voluntarily or involuntarily) after being unlawfully present for 1 consecutive year or more

-P

[boyage 1]

Thank you.It is helpful and I appreciate your response.May God bless you~

[boyage 1]

Thanks for the information.Yes, we are planning to hire an immigration attorney.What we were only doing until now is just to look up in the internet if we could see some informative information and that's we saw that we could file an I-130 which is for petetion for an alien relative.So,that's why we submit it to the USCIS after we got married and that's why they gave us a receipt and I got it last May,29,2008....And now I am wondering if they are going to approve our application.I have no idea as of now,because there is no reaction yet.I looked on the internet which shows the processing time,it says that they are now currently reviewing the Nov,2007 case.So, I am thinking that maybe I just have to wait until they send us their descession which will be happen probably on May,2008 or hope sooner than that.

[Minya's wife 25]

Thanks for the information.Yes, we are planning to hire an immigration attorney.What we were only doing until now is just to look up in the internet if we could see some informative information and that's we saw that we could file an I-130 which is for petetion for an alien relative.So,that's why we submit it to the USCIS after we got married and that's why they gave us a receipt and I got it last May,29,2008....And now I am wondering if they are going to approve our application.I have no idea as of now,because there is no reaction yet.I looked on the internet which shows the processing time,it says that they are now currently reviewing the Nov,2007 case.So, I am thinking that maybe I just have to wait until they send us their descession which will be happen probably on May,2008 or hope sooner than that.

Let me try saying it another way....USCIS will NOT APPROVE your petition because you are not eligible to file the petition. By continuing to wait on a decision that I assure you will be negative (because it cannot be otherwise), you risk further banishment. You have a 3 year ban now but by February of 2009 you will have a 10 year ban...truly this is no joke. But, it seems you're not really understanding. I urge you not to just plan on hiring an attorney, go see one As Soon As Possible!

-P

[bhajishah 4]

BLAH BLAH BLAH BLH POOR ME WAH.... STILL CANT DO IT. AGAINST IMMIGRATION LAW. also you cannot take the tag off the mattress and then take it back to the store for another. doesnt work that waqy against fed law...

[Steph0814 1]

AGAINST THE LAW LADY!

You asked for help about filing I 130 here it is:

Go home and file the correct visa to get back with your "husband".

Immigration follows RULES, you broke those RULES (whether it was love or not), now you have to pay the price like everyone else does.

I am normally the nicest person on the face of the planet, but PLEASE ... get of your pity party and listen to what these people are telling you. GO HOME, GET THE RIGHT VISA WITH THE RIGHT MAN'S NAME ON IT!!

[bhajishah 4]

here here right on brother, if everyone could do what they want or what suits thier life, then society would be in total anarchy and chaos.

[YankeeGirl 1]

Because I want a respect?Why, is it okay for you if somebody doesn't respect you?

And yes,I mary my husband for just a period of 2 weeks because he respects me and he loves me for me that's all that matters.We as a woman,we are just easily fall in love when someone shows care for us ,admit or not,but that's the truth.

In the grand scheme of things, It isn't about a matter of respect. It just does seem very strange to say the least that the intended marriage didn't work out, but then 'suddenly' another man comes along and within two weeks, a marriage takes place. Call me strange, but I couldn't possibly know enough about someone to marry them within two weeks of meeting them. This is probably how those at Immigration will view this. JMO.

[JenT 0]

Anyone have a "head banging against a wall" smiley? We need one.....

[YankeeGirl 1]

Anyone have a "head banging against a wall" smiley? We need one.....

Will this work Jen?

[*JG* 2]

There is no adjustment of status ability from K-1 unless the marriage was to the original petitioner... without a trip home and a new petition is filed.

Yep. That's the whole jist of the K-1. They will not care what the reasons were behind any actions other then marrying the original petitioner.

I'm sorry.

[belovedbyme 0]

Hi,thanks for the reply.I am glad that you understand my situation.I don't know why some other people could not understand.I am not a gold diggger.......................All,I want is a respect..That's all!...........I never him any amount besides the payments of my papers,but he is the one who do it voluntarily.............So, why would they judge me that I am a god digger.It's just because some people do it and they generalize it..........It is so sad...........It hurts!............Not all people are they same,right.............Is it bad to ask for a respect?

Thank you so much,beloved me,whoever you are..May God bless you!........You have such a good heart....Thank you,thank you,thank you for the reply.

Welcome dear!! :innocent: I am here to share what I have read and give it to those who needs an advice. This is a public forum, you can't blame people to react negatively. I wish you good luck in your petition . Don't wait for an adjustment of status to be approved while you are in the US .It wont happen. You have to depart as sooon as possible. Hire an immigration lawyer immediately since you are in a complicated situation. I wish you good luck in your petition .....

www.visacentral.net

www.humanrightsattorney.com.

Chief

[spookyturtle 9,466]

You did not marry the man that petitioned you. You married someone else so you cannot adjust status without leaving the US. You have already overstayed by over six months, you are now banned from entering the US again for 3 years. In less than2 months, you will have overstayed by a year, banning you for 10 years. It doesn't go by your visa expiration date, it goes by your I-94 expiration date. You said you entered on August 15, 2007. Your I-94 expired 90 days from that date, probably November 14, 2007. You have overstayed by over 10 months so far.

Your I-130 will be approved, but you will not be eligible to adjust status without leaving the US. You still need a valid visa to re-enter the country. You must return to the Phillipines to apply for one. It will be denied due to your overstay. You may be eligible to submit a hardship waiver. The Phillipines is one of the most difficult countries to get an approved waiver. It will be no easy task. Right now you are banned for 3 years, by the time you go through the waiver process, the ban will almost be up. If you wait a few more months, you will be banned for 10 years. If the wavier is not approved, you have a long time to wait until you can return to the US.