Change of Status of K1 due to violence

[chinese_mutt 11]

Everyone,

Please excuse the way I presented this, however, there are other circumstances that she lives with on a day to day basis that I did not write about that are present in the home that anyone would have a hard time living with. I won't go into details, but she is not a bad person, and neither is he by the way, but she knows because of the way things are in the home, it would be a very tough marriage. The purpose of 90 day period is to figure it out, and like many of you have outlined here--she must go back. She likes it here and would like the opportunity to stay without committing any fraud. My question was and is... do you know of any legal way she can stay here????

Thanks again for any input.

Good Lord!!! are you blind??? How can she want to stay in a completely strange place, a place where strangers beat her up, where her fiance got locked up for protecting her, a place where there is bad situation at home that she completely forgets the love of her life and refuses to marry him? Ask her this... then tell us what she says. I'm 99% sure she'll say there's better job/money opportunity in the US and that my friend is the real reason she came in to the US.

I say, tell her to go home and forget this visa fraud that she is hatching up. And for you, just a word of caution... don't get involved in any way.. it may get you in trouble.

Edited June 23, 2009 by tngirl21809

[Westindy 0]

Everyone,

Please excuse the way I presented this, however, there are other circumstances that she lives with on a day to day basis that I did not write about that are present in the home that anyone would have a hard time living with. I won't go into details, but she is not a bad person, and neither is he by the way, but she knows because of the way things are in the home, it would be a very tough marriage. The purpose of 90 day period is to figure it out, and like many of you have outlined here--she must go back. She likes it here and would like the opportunity to stay without committing any fraud. My question was and is... do you know of any legal way she can stay here????

Thanks again for any input.

Here we go again with this 90 day trial and run error. I'm sorry maybe it's me but I thought that we are given this time to plan our wedding together....And not to decide if we really want to go through with this. It seems that a person should be absolutely sure before they sign the letter of intent.......I don't know that's just my thoughts!!!!

[karimcharleen 0]

Everyone,

Please excuse the way I presented this, however, there are other circumstances that she lives with on a day to day basis that I did not write about that are present in the home that anyone would have a hard time living with. I won't go into details, but she is not a bad person, and neither is he by the way, but she knows because of the way things are in the home, it would be a very tough marriage. The purpose of 90 day period is to figure it out, and like many of you have outlined here--she must go back. She likes it here and would like the opportunity to stay without committing any fraud. My question was and is... do you know of any legal way she can stay here????

Thanks again for any input.

Here we go again with this 90 day trial and run error. I'm sorry maybe it's me but I thought that we are given this time to plan our wedding together....And not to decide if we really want to go through with this. It seems that a person should be absolutely sure before they sign the letter of intent.......I don't know that's just my thoughts!!!!

I TOTALLY AGREE WITH WESTINDY AND BOBBY WITH THIS. THE 90 DAYS IS NOT FOR A TRAIL RUN, YOU BOTH SHOULD KNOW YOU WANT TO MARRY WHEN YOU DO THE VISA PROCESS.

[Aniomaman 0]

The 90 days is to plan your wedding, not have a trial run on your relationship which you had going long before you decided to leave for the states. Your friend definitely didn't have any plans to marry and like most people said, it just makes it harder for others and gives the embassies reasons to deny some genuine couples!

[Minya's wife 25]

I've rewritten my response a half dozen times, and there's just no way to say this without sounding callous, so I'm just going to say it.

I think your friend is a fraud who came to the US just for a green card. Her willingness to give up her fiance because of a fight with his ex-wife speaks volumes. I hope her fiance comes to his senses, and realizes that he's been duped.

I'd fight my fiancee's ex-husband and his entire family and not give up on her. I'd sacrifice my US citizenship and go live in some disease infested hell hole just to be with her. I can't fathom someone who would give up their fiance because of a fight with his ex-wife, and yet still want to go for a green card. Her priorities are painfully obvious.

true, i would do the same!!

I thought the K-1 was also a 'lets live together so we could see if we're meant to be, before we marry" kinda visa?

[Gary and Alla 3,694]

Everyone,

Please excuse the way I presented this, however, there are other circumstances that she lives with on a day to day basis that I did not write about that are present in the home that anyone would have a hard time living with. I won't go into details, but she is not a bad person, and neither is he by the way, but she knows because of the way things are in the home, it would be a very tough marriage. The purpose of 90 day period is to figure it out, and like many of you have outlined here--she must go back. She likes it here and would like the opportunity to stay without committing any fraud. My question was and is... do you know of any legal way she can stay here????

Thanks again for any input.

No, there is not a way. IF she was married and the victim of spousal abuse she could file a waiver under VAWA. But she is not married. The PURPOSE of the visa is to allow 90 days to decide if they want to get married. She does not. OK, no harm, no foul. Go home. The only reason she was allowed into the country was to marry the petitioner, if she does not do that, she must return home. If she marries someone else she must return home and file for a CR-1.

[Gary and Alla 3,694]

Everyone,

Please excuse the way I presented this, however, there are other circumstances that she lives with on a day to day basis that I did not write about that are present in the home that anyone would have a hard time living with. I won't go into details, but she is not a bad person, and neither is he by the way, but she knows because of the way things are in the home, it would be a very tough marriage. The purpose of 90 day period is to figure it out, and like many of you have outlined here--she must go back. She likes it here and would like the opportunity to stay without committing any fraud. My question was and is... do you know of any legal way she can stay here????

Thanks again for any input.

No, there is not a way. IF she was married and the victim of spousal abuse she could file a waiver under VAWA. But she is not married. The PURPOSE of the visa is to allow 90 days to decide if they want to get married. She does not. OK, no harm, no foul. Go home. The only reason she was allowed into the country was to marry the petitioner, if she does not do that, she must return home. If she marries someone else she must return home and file for a CR-1.

Ok, I will not argue with others, yes you should KNOW you want to get married. Bad choice of words. Bottom line is the same. You have 90 days to comply with the agreement you made to get married to the petitioner. Absent that marriage it is time to say "Bon Voyage"

[Bobby+Umit 161]

I've rewritten my response a half dozen times, and there's just no way to say this without sounding callous, so I'm just going to say it.

I think your friend is a fraud who came to the US just for a green card. Her willingness to give up her fiance because of a fight with his ex-wife speaks volumes. I hope her fiance comes to his senses, and realizes that he's been duped.

I'd fight my fiancee's ex-husband and his entire family and not give up on her. I'd sacrifice my US citizenship and go live in some disease infested hell hole just to be with her. I can't fathom someone who would give up their fiance because of a fight with his ex-wife, and yet still want to go for a green card. Her priorities are painfully obvious.

true, i would do the same!!

I thought the K-1 was also a 'lets live together so we could see if we're meant to be, before we marry" kinda visa?

As pointed out by Jim, from the USCIS FAQ on the 129F

What if we are engaged but have not yet decided to

marry?

The fiancé(e) visa is a temporary visa that simply permits your

fiancé(e) to enter the United States so that the two of you can

marry in the United States within the 90 days permitted from the

date of entry. It is not a way for you to bring a person here so you

can get to know one another, or spend more time together to decide

whether or not you want to marry.

If you were just "trying it out" - I would think it would be cheaper to just go to the other persons country, live with them 90 days, and see if it is working - than to go through the cost/time (6 months+), to get them over to the US and then see if they were the "real deal"....

I know between Umit and myself, we have about 45 days under our belt together (in person) - and most of that was before we decided to get married!

[Chica Yeyé 41]

As pointed out by Jim, from the USCIS FAQ on the 129F

What if we are engaged but have not yet decided to

marry?

The fiancé(e) visa is a temporary visa that simply permits your

fiancé(e) to enter the United States so that the two of you can

marry in the United States within the 90 days permitted from the

date of entry. It is not a way for you to bring a person here so you

can get to know one another, or spend more time together to decide

whether or not you want to marry.

If you were just "trying it out" - I would think it would be cheaper to just go to the other persons country, live with them 90 days, and see if it is working - than to go through the cost/time (6 months+), to get them over to the US and then see if they were the "real deal"....

I know between Umit and myself, we have about 45 days under our belt together (in person) - and most of that was before we decided to get married!

Worth repeating in bold so people get it.

[Minya's wife 25]

As pointed out by Jim, from the USCIS FAQ on the 129F

What if we are engaged but have not yet decided to

marry?

The fiancé(e) visa is a temporary visa that simply permits your

fiancé(e) to enter the United States so that the two of you can

marry in the United States within the 90 days permitted from the

date of entry. It is not a way for you to bring a person here so you

can get to know one another, or spend more time together to decide

whether or not you want to marry.

If you were just "trying it out" - I would think it would be cheaper to just go to the other persons country, live with them 90 days, and see if it is working - than to go through the cost/time (6 months+), to get them over to the US and then see if they were the "real deal"....

I know between Umit and myself, we have about 45 days under our belt together (in person) - and most of that was before we decided to get married!

Worth repeating in bold so people get it.

My statement was in reference to another thread.

[Old Dominion 26]

If she's unwilling to do her part to make the marriage work, then she needs to return to Brazil. If there are unacceptable circumstances about the place they live, they can be fixed somehow when she is an equal partner in the marriage. If she's unwilling to confront that future, there's no way for her to stay in the U.S. legally.

[Krikit 1,165]

Moving from K-1 to the Major Changes forum.

Edited June 23, 2009 by Krikit

[clueless_in_usa 8]

For God's sake, people are entitled to change their minds! A K-1 petitioner has 90 days to marry or to decide that s/he wants to go back home. So, although it is a visa to allow enough time to marry, it is also a time to figure out if this is what s/he wants, especially if s/he has never been in the USA or any other foreign country, for that matter.

If you have never lived in a foreign country, you have no basis to judge somebody in such situation. Living in a new culture/country is very hard to do and not everybody has the character to survive in such scenario.

At the same time, please do not be so quick to accuse people of fraud just for asking a question. You do not know what conditions she will have to return to Brazil to, so we cannot fault her for looking at a way to "improving" her life. Let us focus on answering the questions (as it was clearly done) and stop passing judgment, especially if you are not fully aware of the circumstances.

Having said that, when she went to the consulate to get her visa she agreed to the rules of the visa: either she marries (the petitioner) or forgets about the whole thing. K-1 petitioners must be clear of that.

[Nicoxcx 1]

Maybe it is just me but I would NEVER travel across the world away from my home, friends and family on a visa to get married to someone I wasn't 100% sure I was madly in love with.

Changing your mind is fine, but coming over changing your mind within the 90 days and wanting to stay in the USA? come on... that sounds dodgy, perhaps if the OP gave us a little more information it isn't like we are asking for her name address and date of birth.

Edited June 24, 2009 by Nicoxcx

[luckymom 0]

I don't understand the situation why after all the hardship of going through the visa process, a person can automatically change her mind to do what she is suppose to do - which is to get married to the petitioner. I am not here to judge but I guess she didn't go through the courtship stage. This girl that the OP is referring to is very strange to me.