I came to the US with K1 visa and didn't go back. What do I need to do now?

[AaronLV 12]

I didn't work at all. My wife worked. The problem is we didn't have all the information about the K1 Visa. When my wife and I decided to stay and get married, we called a lawyer. She told us yes we could get married; however, my wife wouldn't be able to apply for me until she gets her Citizenship. After she got her Citizenship and wanted to apply for me, then we realized what a big mistake we made. The only thing that we knew these couple of years it was that I was illigal and couldn't work and have SS, so I didn't work at all. Now we're stuck.

When you picked up your visa at the embassy did you not read the paper that was given to you with the K1 Visa Requirements? Did the POE officer not tell you that you have 90 Days to Marry the Petitioner?

Are you ignorant or just completely oblivious??

My wife was told so many times that she had to marry me and only me by the embassy, by the piece of paper they gave her when she picked up the visa, even by the POE officer. So I doubt you went through the entire process and didn't hear it at least once.

If I had to guess you didn't tell the attorney you were here on a K1. If I had to take another guess with the little bit of knowledge I have by your post, the plan was to do exactly what you have done.

Please pack up your things and head back to your country and go through the process the proper way.

[Peace be still 6]

Did you know your present wife before you came to the US?

This is the first thing that came to thought. It sounds like a fraudulant case starting with your Initial K1 fiance petition. Your current wife just got her citizenship and now she wants to apply for you legally. Forgive me if I'm wrong about your sitution buy it just screams out FRAUD and I only hope and pray you are not a MENA man. Please can you tell use your country of Origins if it's not impossing to much on you.

[Peace be still 6]

I came to the US with K1 visa. Things didn't work out good between us, so I didn't get married with her. I got married with someone else and stayed in the US and didn't go back. I've been married for two years now. Now, that my wife got her Citizenship and wanted to apply for me, she was told she can't. We spoke to different lawyer and each says different things. I've been told that I have to go back and then apply, but it can take several years. Is there anybody that had the same situation that can help me and tell me what to do? Does anybody know any good lawyer who can help me? Did anybody have the same case in before?

After researching your name you are MENA unless someone is trying to pretend to be MENA. No matter what you have no chose but to go back to Peru and do things the legal way. It's so important because you have people on here that has been waiting for years for their MENA husbands.

[scandal 951]

I didn't work at all. My wife worked. The problem is we didn't have all the information about the K1 Visa. When my wife and I decided to stay and get married, we called a lawyer. She told us yes we could get married; however, my wife wouldn't be able to apply for me until she gets her Citizenship. After she got her Citizenship and wanted to apply for me, then we realized what a big mistake we made. The only thing that we knew these couple of years it was that I was illigal and couldn't work and have SS, so I didn't work at all. Now we're stuck.

When you picked up your visa at the embassy did you not read the paper that was given to you with the K1 Visa Requirements? Did the POE officer not tell you that you have 90 Days to Marry the Petitioner?

Are you ignorant or just completely oblivious??

My wife was told so many times that she had to marry me and only me by the embassy, by the piece of paper they gave her when she picked up the visa, even by the POE officer. So I doubt you went through the entire process and didn't hear it at least once.

If I had to guess you didn't tell the attorney you were here on a K1. If I had to take another guess with the little bit of knowledge I have by your post, the plan was to do exactly what you have done.

Please pack up your things and head back to your country and go through the process the proper way.

WORD

Well put, Aaron

[L179 1]

truly, the situation i know about and yours is a bit similar and a bit different

I know of a person who entered USA LEGALLY and then became illegal. Got married to someone (USC), had the AOS and got a greencard

this is where your situation is similar because you entered the USA legally.

however, this person i know, entered on a B1/B2 visa. which is different than a K1.

K1 requires you to get married to the petitioner within 90 days, so you kinda did not follow the guidelines.

i would probably agree with what others have said here, and wish you luck!

[rebeccajo 14]

truly, the situation i know about and yours is a bit similar and a bit different

I know of a person who entered USA LEGALLY and then became illegal. Got married to someone (USC), had the AOS and got a greencard

this is where your situation is similar because you entered the USA legally.

however, this person i know, entered on a B1/B2 visa. which is different than a K1.

K1 requires you to get married to the petitioner within 90 days, so you kinda did not follow the guidelines.

i would probably agree with what others have said here, and wish you luck!

Kinda?

[Ana1988 0]

poor girl (K1-petitioner) you didn't marry..but I understand things didn't work out..

just goodluck to your journey, but you are illegal.

[Mahsa8181 0]

We were told that if I overstay, I would be illigall, So I wasn't allowed to work and etc, and then after getting married, I would be ok. So, since we didn't want to be apart, and we thought that only problem we would have was just me staying home until our paperwork was done, we decided to do it and just my wife worked. i don't want to blame it on others, but I wish we didn't get wrong information by these lawyers.

And what type of qualifications did this lawyer have that you talked to?

I'm truly sorry for your situation since it seems like you at least *tried* to get the proper information in the beginning. But didn't you think that there would be some sort of consequence for you staying in the US illegally for 2 years??

[Mahsa8181 0]

Do you think if I planed to do this, I wouldn't know that I wouldn't be able to adjust my status here? I do remember they told me if you don't get married you have to come back, not if I get married with someone else, I wouldn't be able to go back. When I talked to the attorney in here, she didn't say if you don't go back and get married with my current wife, I wouldn't be able to adjust my statues. I called her before we got married, and she said you can get married and you have to wait for her to get her Citizenship, and then she can adjust my status like other people who stayed in US illegally and after getting married they adjust their status. Until a few months ago, I didn't know that K1 visa was different that other visas.

I didn't work at all. My wife worked. The problem is we didn't have all the information about the K1 Visa. When my wife and I decided to stay and get married, we called a lawyer. She told us yes we could get married; however, my wife wouldn't be able to apply for me until she gets her Citizenship. After she got her Citizenship and wanted to apply for me, then we realized what a big mistake we made. The only thing that we knew these couple of years it was that I was illigal and couldn't work and have SS, so I didn't work at all. Now we're stuck.

When you picked up your visa at the embassy did you not read the paper that was given to you with the K1 Visa Requirements? Did the POE officer not tell you that you have 90 Days to Marry the Petitioner?

Are you ignorant or just completely oblivious??

My wife was told so many times that she had to marry me and only me by the embassy, by the piece of paper they gave her when she picked up the visa, even by the POE officer. So I doubt you went through the entire process and didn't hear it at least once.

If I had to guess you didn't tell the attorney you were here on a K1. If I had to take another guess with the little bit of knowledge I have by your post, the plan was to do exactly what you have done.

Please pack up your things and head back to your country and go through the process the proper way.

[KGH 0]

Go Home, you are illegal, you are waisting my Tax $$$ here,

I be 100% that your relationship with your past fiance was fraud too and you were playing games just to come here.

[SCFsnoopy 0]

Do you think if I planed to do this, I wouldn't know that I wouldn't be able to adjust my status here? I do remember they told me if you don't get married you have to come back, not if I get married with someone else, I wouldn't be able to go back. When I talked to the attorney in here, she didn't say if you don't go back and get married with my current wife, I wouldn't be able to adjust my statues. I called her before we got married, and she said you can get married and you have to wait for her to get her Citizenship, and then she can adjust my status like other people who stayed in US illegally and after getting married they adjust their status. Until a few months ago, I didn't know that K1 visa was different that other visas.

What she should have told you was that you would need to leave the US while your wife petitioned for you.

It's legal to marry on any visa, however it is illegal to enter on any visa but the K-1 for the specific purpose of marrying and adjusting status. The K-1 goes on to specify that you must marry the petitioner to adjust status.

You were perfectly fine to marry your wife, then return to your country and wait for her to become a citizen and petition for you. If you had left after the wedding, you'd be fine now. It's purely because you didn't leave and have slipped into illegal status that you are facing problems now.

I would be prepared to face the ban which is likely coming your way, in the meantime, try to find a competent lawyer

[ghosttridder 0]

dude, you just came into a forum full of people who follow the rules by the book, kiss the uscis arss, and worship the us visa. What kind of response did you think you were going to get?

I will have to agree with people on here that your case sounds too much like it was fraud to begin with. It's pretty obvious. Getting here on a k1 then marrying someone else, you cheap shot the system and NO ONE is gonna like that here including myself, why? because we have to go through the VERY LONG process of aquiring visas and because it is the correct thing to do.. it's like you cut in the front of the line while everyone was waiting for hours..

secondly.. if i'm guessing right..even though it is the right thing to do, i dont think your going to go back to your home country, and be apart from your family for many years.

yours is a sticky situation..

your between a hard place and a rock dude.

Edited June 23, 2009 by ghosttridder

[lovelight 1]

I can´t believe that you didn´t know about the K1-Visa rules...I mean once you decide to get married to a USC and starting the Visa-Process don´t you try to get all kind of information to make sure that everything works out ? And to know that you are only able to marry the Petitioner and have to file for AOS before your visa expires is BASIC-KNOWLEDGE !!!

And by the way..its so easy to get all information....VJ or the website of the US-Embassy in your country...that works very well

But now you will need a really really good lawyer to get you out of this mess......good luck

[Gary and Alla 3,694]

I came to the US with K1 visa. Things didn't work out good between us, so I didn't get married with her. I got married with someone else and stayed in the US and didn't go back. I've been married for two years now. Now, that my wife got her Citizenship and wanted to apply for me, she was told she can't. We spoke to different lawyer and each says different things. I've been told that I have to go back and then apply, but it can take several years. Is there anybody that had the same situation that can help me and tell me what to do? Does anybody know any good lawyer who can help me? Did anybody have the same case in before?

You need to return to your home country and have your now wife file a K-3/Cr-1 petition. Be prepared for LOTS of questions at your interview.

[Gary and Alla 3,694]

Do you think if I planed to do this, I wouldn't know that I wouldn't be able to adjust my status here? I do remember they told me if you don't get married you have to come back, not if I get married with someone else, I wouldn't be able to go back. When I talked to the attorney in here, she didn't say if you don't go back and get married with my current wife, I wouldn't be able to adjust my statues. I called her before we got married, and she said you can get married and you have to wait for her to get her Citizenship, and then she can adjust my status like other people who stayed in US illegally and after getting married they adjust their status. Until a few months ago, I didn't know that K1 visa was different that other visas.

I didn't work at all. My wife worked. The problem is we didn't have all the information about the K1 Visa. When my wife and I decided to stay and get married, we called a lawyer. She told us yes we could get married; however, my wife wouldn't be able to apply for me until she gets her Citizenship. After she got her Citizenship and wanted to apply for me, then we realized what a big mistake we made. The only thing that we knew these couple of years it was that I was illigal and couldn't work and have SS, so I didn't work at all. Now we're stuck.

When you picked up your visa at the embassy did you not read the paper that was given to you with the K1 Visa Requirements? Did the POE officer not tell you that you have 90 Days to Marry the Petitioner?

Are you ignorant or just completely oblivious??

My wife was told so many times that she had to marry me and only me by the embassy, by the piece of paper they gave her when she picked up the visa, even by the POE officer. So I doubt you went through the entire process and didn't hear it at least once.

If I had to guess you didn't tell the attorney you were here on a K1. If I had to take another guess with the little bit of knowledge I have by your post, the plan was to do exactly what you have done.

Please pack up your things and head back to your country and go through the process the proper way.

That would be a good excuse if you entered on a tourist visa...you did not. You entered on a K-1, which requires you to marry the PETITIONER within 90 days. You didn't. Now you have to go back. You are married, so you can no longer benfit from the K-1 fiancee visa. Your wife must petition for a K-3 or Cr-1 which takes considerably longer than a K-1

Your case REEKS of fraud. (not saying it IS fraud, only saying it has all the red flags) It will be scrutinized very heavily by the consulate.