any opinion on someone who came here as fiancee, and out of status.

[confused777 0]

i met a new friend who came here in a fiancee visa, but the relationship did not worked out as they planned they did not get married till her visa expired, she's still here but out of status now. is there any possibilities, she can stay here legally if she will going to marry another american citizen? or if someone will sponsor here for a work permit, despite of being here out of status? hope to hear some helpful advise for her! she's very depressed now!

[Y's_habibitk 2]

http://travel.state.gov/visa/temp/info/info_1298.html#Longer

Failure to maintain status can result in arrest, and violators may be required to leave the U.S. Violation of status also can affect the prospect of readmission to the U.S. for a period of time, by making you ineligible for a visa. Most people who violate the terms of their status are barred from lawfully returning to the United States for years.

I hope the link will answer some questions for your friend

[Wis-Can 0]

Its my understanding that if someone comes here on a K-1 Visa, then they cannot marry someone else-only the person who petitioned to bring them here. They have 90 days...then they have to leave the country. If they choose to marry someone else then they can do that once they leave the country, either by having the new fiance, petition to bring them to the US, or by the fiance travelling to their country, getting married and going back to the US alone and petitioned for a spousal visa. They are only hurting their chances of another visa being given to them by overstaying. We looked into the work permit avenue ourselves but found out it's only certain specialized occupations that would grant visa's, such as teacher, doctor, nurse etc. Again, this is all my understanding of the procedures. Hopefully someone else can come along and give some more advice.

[confused777 0]

http://travel.state.gov/visa/temp/info/info_1298.html#Longer

Failure to maintain status can result in arrest, and violators may be required to leave the U.S. Violation of status also can affect the prospect of readmission to the U.S. for a period of time, by making you ineligible for a visa. Most people who violate the terms of their status are barred from lawfully returning to the United States for years.

I hope the link will answer some questions for your friend

thank you for the reply, it helps a lot. she's here for about few weeks ago after her I94 expired. what if she will marry american citizen before that 180 days, is it still possible, or maybe her fiance will marry her if they reconcile?

[cdneh 3,112]

http://travel.state.gov/visa/temp/info/info_1298.html#Longer

Failure to maintain status can result in arrest, and violators may be required to leave the U.S. Violation of status also can affect the prospect of readmission to the U.S. for a period of time, by making you ineligible for a visa. Most people who violate the terms of their status are barred from lawfully returning to the United States for years.

I hope the link will answer some questions for your friend

thank you for the reply, it helps a lot. she's here for about few weeks ago after her I94 expired. what if she will marry american citizen before that 180 days, is it still possible, or maybe her fiance will marry her if they reconcile?

She can't marry anyone but the fiancee who petitioned her on her K1.

Even if they reconcile, her 90 days have expired.

[pushbrk 13,073]

http://travel.state.gov/visa/temp/info/info_1298.html#Longer

Failure to maintain status can result in arrest, and violators may be required to leave the U.S. Violation of status also can affect the prospect of readmission to the U.S. for a period of time, by making you ineligible for a visa. Most people who violate the terms of their status are barred from lawfully returning to the United States for years.

I hope the link will answer some questions for your friend

thank you for the reply, it helps a lot. she's here for about few weeks ago after her I94 expired. what if she will marry american citizen before that 180 days, is it still possible, or maybe her fiance will marry her if they reconcile?

She can't marry anyone but the fiancee who petitioned her on her K1.

Even if they reconcile, her 90 days have expired.

This is close to correct. She can marry anybody she want. That's not an immigration issue.

She can only stay and adjust status by marrying the original petitioner.

Yes the 90 days have expired but if she were to marry the original petitioner, she could adjust status by the petitioner filing an I-130 together with an I-485.

If she doesn't marry the petitioner, there's no way for her to stay legally and become a permanent resident. Were she to marry another US Citizen, she would need to leave and go through the appropriate visa process including dealing with any overstay situation that might arise.

[Ban Hammer 13,491]

mbc