Fiance came to States - relationship went sour

[Gary and Alla 3,694]

My friend entered the US on a K-1 to get married - the relation soured. He saw his old girlfriend who now lives in the states. They used to date back in his country. They are now talking about getting married before his I-94 expires (90 days) and he needs to leave the US. I told him that on the K-1 he needs to marry the person who petioned for him or leave within 90 days. He said that his old girlf friend spoke to a lawyer and that it could be done if they can prove it is a bonafied relationship. I told him I don't think it is possible. Any help would be appreciated. Also I was looking for other treads on this topic but didn't locate any.

But then we aren't going to take a bunch of his money "trying".

[BokGao 0]

According to this lawyer's website, dude can marry but will still have to leave within the 90 days of his original visa.

Once the Fiancee Visa is issued, how does it work?

The Fiancee is free to enter the United States once a valid Fiancee Visa is issued. Once the Fiancee enters the U.S., the marriage between the Petitioner and the Fiancee have to take place within 90 days of the Fiancee's entry. If the Fiancee does not marry the Petitioner within 90 days, or if the Fiancee marries someone other than the Petitioner, the Fiancee have to leave the United States after 90 days.

http://www.immigrationattorney.net/permane...ancee_visa.html

[allenr 0]

I have a question. I petitioned for my fiance from the Philippines on a fiance visa. We arrived here in Texas on April 15, 2008, and were married April 18, 2008. By the 1st year anniversary, she decided to leave me because we would have arguements. She has left and is with her oldest sister in Arizona. Right now her case is in Adjustment of Status. It was in deportation court because we traveled to California to see other family members in the summer. We were detained at the Border Patrol in El Paso due to not having filed a Conditional Resident Application, which Catholic Services didn’t advise us we had to do. We just recently (January) got out of the deportation proceedings. And the judge transferred the case back to Adjustment of Status court. My question is: WHAT HAPPENS IF I WITHDRAW MY SPONSORSHIP AND AFFIDAVIT OF SUPPORT? WILL SHE BE DEPORTED BACK TO THE PHILIPPINES? AND CAN HER OTHER FAMILY MEMBERS PETITION FOR HER DURING THIS TIME PERIOD? I don’t what know she is doing, and she hardly answers the phone when I call her. Can you please help me. Please email me at txheartbreaker2000@hotmail.com also if you can. Thanks.

[It's me 1]

My friend entered the US on a K-1 to get married - the relation soured. He saw his old girlfriend who now lives in the states. They used to date back in his country. They are now talking about getting married before his I-94 expires (90 days) and he needs to leave the US. I told him that on the K-1 he needs to marry the person who petioned for him or leave within 90 days. He said that his old girlf friend spoke to a lawyer and that it could be done if they can prove it is a bonafied relationship. I told him I don't think it is possible. Any help would be appreciated. Also I was looking for other treads on this topic but didn't locate any.

What kind of help are you looking for, for whom and for what purpose? There is no help for him, as his plan won't work. He can marry but not adjust status. I can't imagine what immigration help you would need. Do you think if you prove he won't be successful that he'll still marry you? Is THAT what you want?

[pushbrk 13,120]

I have a question. I petitioned for my fiance from the Philippines on a fiance visa. We arrived here in Texas on April 15, 2008, and were married April 18, 2008. By the 1st year anniversary, she decided to leave me because we would have arguements. She has left and is with her oldest sister in Arizona. Right now her case is in Adjustment of Status. It was in deportation court because we traveled to California to see other family members in the summer. We were detained at the Border Patrol in El Paso due to not having filed a Conditional Resident Application, which Catholic Services didn’t advise us we had to do. We just recently (January) got out of the deportation proceedings. And the judge transferred the case back to Adjustment of Status court. My question is: WHAT HAPPENS IF I WITHDRAW MY SPONSORSHIP AND AFFIDAVIT OF SUPPORT? WILL SHE BE DEPORTED BACK TO THE PHILIPPINES? AND CAN HER OTHER FAMILY MEMBERS PETITION FOR HER DURING THIS TIME PERIOD? I don’t what know she is doing, and she hardly answers the phone when I call her. Can you please help me. Please email me at txheartbreaker2000@hotmail.com also if you can. Thanks.

Yes, you may withdraw your affidavit of support. If you do, her status adjustment will fail. Whether she'll be deported is another matter but she would be "deportable".

[allenr 0]

WHAT HAPPENS IF I WITHDRAW MY SPONSORSHIP? CAN ANY OF HER FAMILY MEMBERS PETITION FOR? OR DOES SHE HAVE TO LEAVE THE U.S.? WILL SHE BE SUBJECTED TO THE 10 YEAR BAN?

[rmncm 0]

WHAT HAPPENS IF I WITHDRAW MY SPONSORSHIP? CAN ANY OF HER FAMILY MEMBERS PETITION FOR? OR DOES SHE HAVE TO LEAVE THE U.S.? WILL SHE BE SUBJECTED TO THE 10 YEAR BAN?

[/quo

Why be so vindictive? Move on and let her live. Withdraw your AOS if that makes you feel more controlling or like a man and let her be. One more thing...please be courtious and don't hi-jack someone elses thread. This is a free site and you can creat your own thread.

[What Happened? 4]

My friend entered the US on a K-1 to get married - the relation soured. He saw his old girlfriend who now lives in the states. They used to date back in his country. They are now talking about getting married before his I-94 expires (90 days) and he needs to leave the US. I told him that on the K-1 he needs to marry the person who petioned for him or leave within 90 days. He said that his old girlf friend spoke to a lawyer and that it could be done if they can prove it is a bonafied relationship. I told him I don't think it is possible. Any help would be appreciated. Also I was looking for other treads on this topic but didn't locate any.

Don't you think that he already knew this other woman was in the US? Within less than 3 months the relationship soured and within 3 months he is prepared to marry this other woman? Sounds like it was visa fraud to me, sorry.

Sorry this didn't work out the way it was supposed to for you and it is always nice when a person doesn't want to see another person flouner. But sometimes you have to let people learn on their own let them fall hard so that the lesson will stick with them forever. It's time to stop putting this person's wellbeing first. Let him fall and use this energy your wasting on him to do something positive for someone who really deserves it and who will recognize your kind spirit for just that.

[fulamuso 0]

My friend entered the US on a K-1 to get married - the relation soured. He saw his old girlfriend who now lives in the states. They used to date back in his country. They are now talking about getting married before his I-94 expires (90 days) and he needs to leave the US. I told him that on the K-1 he needs to marry the person who petioned for him or leave within 90 days. He said that his old girlf friend spoke to a lawyer and that it could be done if they can prove it is a bonafied relationship. I told him I don't think it is possible. Any help would be appreciated. Also I was looking for other treads on this topic but didn't locate any.

Don't you think that he already knew this other woman was in the US? Within less than 3 months the relationship soured and within 3 months he is prepared to marry this other woman? Sounds like it was visa fraud to me, sorry.

Sorry this didn't work out the way it was supposed to for you and it is always nice when a person doesn't want to see another person flouner. But sometimes you have to let people learn on their own let them fall hard so that the lesson will stick with them forever. It's time to stop putting this person's wellbeing first. Let him fall and use this energy your wasting on him to do something positive for someone who really deserves it and who will recognize your kind spirit for just that.

[Jauque 1]

My friend entered the US on a K-1 to get married - the relation soured. He saw his old girlfriend who now lives in the states. They used to date back in his country. They are now talking about getting married before his I-94 expires (90 days) and he needs to leave the US. I told him that on the K-1 he needs to marry the person who petioned for him or leave within 90 days. He said that his old girlf friend spoke to a lawyer and that it could be done if they can prove it is a bonafied relationship. I told him I don't think it is possible. Any help would be appreciated. Also I was looking for other treads on this topic but didn't locate any.

When he goes to adjust his status and the marriage certificate does not match the name of the petitioner he will be required to leave the US and reapply as a K3, that however is only if he hasn't overstayed his 90 days. At the point that he has overstayed his 90 days he risks being banned from the US altogether.

Best advice tell him to go home and reapply for the K1 with his new girlfriend.

If you need any more proof than this read the I-194f.

[rebeccajo 14]

I don't think the OP is suggesting that his friend is planning on marrying a different USC and attempting to adjust status via that marriage.

If I read the original post correctly, he says his friend is planning on marrying a different party and has to leave the US.

As far as I know - no problem with that.

[Nik+Heather 121]

I don't believe there is any convincing of your friend.

Here's how this sort of thing works.

Person decides they want to do something.

Person looks around, finds it's illegal.

Person asks around some more, finds ONE source of dubious reliability to tell them it's OK.

Person decides to do it based on the one shred of "evidence" in the face of a mountain of experience to the contrary.

This forum is full of people posting the same essential plot line every day, whether it's trying to immigrate on a visitor visa, work before EAD, or leave their "loved" one but still stay in the US. You won't be able to help your friend, I'm sorry. Don't lend him any money you want paid back.

[jundp 191]

I don't think the OP is asking for a former fiance, but rather for a 'friend.'

To the OP: your friend can certainly marry his ex-girlfriend who coincidentally lives in the US. However, once his original 90 days are up, he needs to return to his home country. He cannot adjust status on his current visa unless he marries the person who petitioned him. He also cannot stay in the country once his current visa expires without adjusting status. He can marry his ex-girlfriend and return to his home country and then his wife (who I assume is a USC) can petition for him to return.

[sjr09 155]

My friend entered the US on a K-1 to get married - the relation soured. He saw his old girlfriend who now lives in the states. They used to date back in his country. They are now talking about getting married before his I-94 expires (90 days) and he needs to leave the US. I told him that on the K-1 he needs to marry the person who petioned for him or leave within 90 days. He said that his old girlf friend spoke to a lawyer and that it could be done if they can prove it is a bonafied relationship. I told him I don't think it is possible. Any help would be appreciated. Also I was looking for other treads on this topic but didn't locate any.

He will have to get the new fiance/spouse to petition him. He will have to return home and wait for it. They fact that he came here to marry one person and wants to really marry someone else means he just used the K-1 to get into this country, so the original marriage plans were just for immigration. Even an idiot can see that and no way he can adjust status.

Tell him to follow the law and leave the US.

BINGO! I think you got that one right!

[rebeccajo 14]

I don't think the OP is asking for a former fiance, but rather for a 'friend.'

To the OP: your friend can certainly marry his ex-girlfriend who coincidentally lives in the US. However, once his original 90 days are up, he needs to return to his home country. He cannot adjust status on his current visa unless he marries the person who petitioned him. He also cannot stay in the country once his current visa expires without adjusting status. He can marry his ex-girlfriend and return to his home country and then his wife (who I assume is a USC) can petition for him to return.

............if USCIS or DOS doesn't decide he misrepresented himself with the last petition.

That being said - it may all well be fine to file a spousal petition under these circumstances. But before I dove off the deep end, I'd be getting a couple of opinions from a couple of qualified attorneys.

Of course the easiest thing to do is for the OP to just hang it up, go home unmarried and start over with the new lady. But some people just like to do things the hard way.