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

[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.

Your lawyer told you wrong. Your wife can petition for you right away as long as she is a legal resident. Legal residents CAN petition spouses, it takes many years to get approved.

[Otto 83]

What is your home country?

[almaty 19]

i agree..would be a bit more helpful if we knew some details....like what country are you from?

[Mo_Mati 2]

It seems that the obvious has been stated repeatedly in this thread. You now know what you need to do.

To help clarify the fraud accusations, you might want to let us know two pieces of information.

1) You country of origin

2) When and where you met your current wife. Specifically if it was before or after your ex-fiance peticioned for the k-1.

Both are pieces of information that you will need to address throughout the visa process

Good luck on the journey

[scandal 951]

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??

Let me get this straight ....

Your lawyer (presumably a licensed attorney, member of their Bar association) told you that you would be ok to overstay and remain in the country illegally?

I find that very hard to believe. A lawyer giving their client advice to break immigration law risks the revocation of their license, loss of their right to practice, fines and possible jail time. That is an incredibly serious infraction for an attorney.

Either your attorney is incompetent or fraudlulent... or more likely something is still not right with your explanation of events.

Besides which, even if you were given bad advice, that does not exonerate you. The obligation to comply with the law is yours and yours alone.

If you have violated the law, the consequences are on you. Blaming your lawyer will not help you.

[JimVaPhuong 4,863]

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??

Let me get this straight ....

Your lawyer (presumably a licensed attorney, member of their Bar association) told you that you would be ok to overstay and remain in the country illegally?

I find that very hard to believe. A lawyer giving their client advice to break immigration law risks the revocation of their license, loss of their right to practice, fines and possible jail time. That is an incredibly serious infraction for an attorney.

Either your attorney is incompetent or fraudlulent... or more likely something is still not right with your explanation of events.

Besides which, even if you were given bad advice, that does not exonerate you. The obligation to comply with the law is yours and yours alone.

If you have violated the law, the consequences are on you. Blaming your lawyer will not help you.

Meh. Doesn't surprise me much. I've seen enough people post on this forum that lawyers have told them to do things that they knew were not legal, and didn't even advise their client that it wasn't legal. A common story seems to be lawyers who advise their clients that they can marry their fiance(e) when they arrive in the US on a tourist visa and then apply for AOS, when it's abundantly clear that the fiance(e) hasn't even booked their ticket yet, and would obviously be coming with the intent to stay. The lawyer doesn't care - it's not his butt on the line, and if he's confronted he'll claim he didn't know about the "intent" when he was originally consulted. What began as a simple document prep job has now evolved into an extended battle for a waiver for a couple who are now married and desperate. Every phone call or email from the desperate couple are billed at the prorated hourly rate. Cha-Ching!

On the other hand, it's not clear if the OP ever told the attorney how he originally entered the country, and under what terms. The lawyer may have only asked if the OP entered the country legally, to which the OP could honestly reply "yes". Based on that alone, the lawyer might have thought he had a pretty good shot at getting the OP a waiver for the overstay, but he would have to return to his home country and wait out the visa. We only have the OP's recollection of what the attorney said, not that it matters much. There's no tick box on the waiver application for "My attorney lied to me".

[Jonara 0]

The best way to fix this is to start the ordeal now. You obviously know what is coming to you at this point based on the feedback from our fellow VJ members. Anticipate the worst (I'd say) and plan how to make your marriage work in anticipation of this nightmare. You can't hide forever unless you plan on staying idle in the U.S. for the rest of your life. That's not a very sustainable option either. This is a tough one to break because the rules are written all over the place.

May the force be with you...

[kriszel 0]

you are in deep trouble... not to make you worry but to make you aware.

[Marina-Del 10]

Yeah, like others have stated it doesn't really matter what the attorney told you. If they in fact told you to break the law, if you didn't give the lawyer the whole truth to begin with, or if the lawyer for simply incompetant. Or, if you are lying to all of us to begin with.

This shouldn't really help your case in getting a waiver, but it certainly wouldn't hurt it: do you have a written letter/email from the lawyer that says the advice that they gave you and that you have since done? If so it would be helpful for us to see it (or at least for you to type it up for us) and I'd bring that along to show the embassy when you go home. Again, it's not specifically going to help your case. But it will 1. not be good for the lawyer who has cost you at least 2 years of your life, if not 10 more and 2. to show USCIS that you really weren't intending to break the law.

[000 0]

Your best advice will come from an immigration attorney. I don't know what your country of origin is, but most cities or states have coalitions for specific nationalities. Most of these coalitions can help you find a QUALIFIED immigration attorney. Some of the attorneys work at a reduced rate or for no-fee. But, you have to be TOTALLY honest with the attorney about your circumstances.

I suggest that you check into this. They will be able to give you the most sound advice and tell you what options, if any, you have.

Good luck!

Edited June 23, 2009 by Manuel y Kathy

[chinese_mutt 11]

this case reeks fraud all over the k1 forum.

sorry, man.. this is unbelievable.

you went through the entire k1 process, got to the US and NOT know that you cannot marry anyone besides the petitioner?

That's ####### and bull! get real!

you just want an advice to keep breaking the law, which you will not find here since it is against the TOS.

[Ladylethal 12]

It certainly smells fishy when the beneficiary arrives on a K1 and in the 90 short days he's supposed to be marrying his Petitioner he manages to meet and marry someone else instead. It does indeed spell fraud all over, as it seems you knew this other person who wasn't a citizen, and it'd appear for most of us (and perhaps for USCIS too) that you used somebody else to get to the US and marry her.

And now that she's a citizen you just want to suddenly be by the book. Very fishy and you won't find much support here.

There's no beating around the bush here, you must return home, file for a spousal visa, try the waiver and live with the consequences of your K1 fiasco.

[KGH 0]

in this Forums, you are also telling every thing that broke the law from the time that U filled your K1 application until now and now you are asking every one how to trick the system and stay here.

...... you are illegal go home and stay at the end of the line and pay the price and then come here. I bet you don't even file Taxes, shame on you.

I just don't want to be mean but I'm just mad of people like U.

No one should help you to stay here, not even a lawyer, because you committed Fraud to begin with

Edited June 23, 2009 by KGH

[NArocks 13]

And where might the OP be now? Asking somewhere else the same question? Also like many said I am sure you did not tell the lawyer you were here on a K. I feel for the one you stood up and not you, you have a long and hard journey from here on out..........

You need to leave and apply for the correct visa now that you are married

Edited June 23, 2009 by NArocks

[Chica Yeyé 41]

in this Forums, you are also telling every thing that broke the law from the time that U filled your K1 application until now and now you are asking every one how to trick the system and stay here.

...... you are illegal go home and stay at the end of the line and pay the price and then come here. I bet you don't even file Taxes, shame on you.

I just don't want to be mean but I'm just mad of people like U.

No one should help you to stay here, not even a lawyer, because you committed Fraud to begin with

Amen.