Fiancee is here in the US, but the table has turned

[Maria.S 1]

If she doesn't marry you within the 90 days - she's is essentially on her own (if you so choose) to obtain her permanent residency status - someone (apparently other than you) would have to petition for her. (That's about it as far as her obtaining a PR-status.)

You could (if you so choose) notify USCIS, with a brief letter of explanation, that the beneficiary has left and is on her own.

First of all: I'm sorry!

Second: this is my theory.

You, as the petitioner, have the right to send a letter to the USCIS, DHS and NVC that you are no longer going to marry her.

With that statement, she will be unable to legally stay in the US with the K-1 as the K-1 is made for marrying purposes.

After you send that letter and the USCIS acknowledges this situation, she will be forced to leave the country as she will turn out to be an illegal immigrant.

Shame on her!

What about your kid? Will you ask for legal advice regarding custody of the child?

[Maria.S 1]

If she doesn't marry you within the 90 days - she's is essentially on her own (if you so choose) to obtain her permanent residency status - someone (apparently other than you) would have to petition for her. (That's about it as far as her obtaining a PR-status.)

You could (if you so choose) notify USCIS, with a brief letter of explanation, that the beneficiary has left and is on her own.

First of all: I'm sorry!

Second: this is my theory.

You, as the petitioner, have the right to send a letter to the USCIS, DHS and NVC that you are no longer going to marry her.

With that statement, she will be unable to legally stay in the US with the K-1 as the K-1 is made for marrying purposes.

After you send that letter and the USCIS acknowledges this situation, she will be forced to leave the country as she will turn out to be an illegal immigrant.

Shame on her!

What about your kid? Will you ask for legal advice regarding custody of the child?

By the way!

Someone just posted their NOA2 statement on the website and looks what it says!

If the petitioner and the fiance do not marry within these 90 days, status will expire, and he or she will be in violation of the immigration and nationality act if he or she does not depart. An extension cannot be granted. It is requested that the petitioner informs his or her local USCIS office if her or she determines that the marriage will not take place within the 90 day period.

I think that answers your question. Go and send that letter to the USCIS.

And God Bless you!

[k.loveh 0]

Hello,

My fiancee just got here on a visa that expires in 90 days. It clearly states that she has to marry me within the 90 days or she has to go back home. We have a baby together, but she decided to leave us. She left with her uncle thinking she can become a permanent residence without me. Her uncle told me he'll hire a laywer to do the paper work for her to stay here as a permanent residence without me at all. I then asked him how is that possible sir? He said he can tell the laywer i abused h or threw her out of the house, therefore she has the right to report this and get permanent residency. I can't believed they would make up such a lie for her to stay. Is it true that she can stay in the US as a permanent without me? I thought she has to marry me within 90 days or she has to leave the US?? i am thinking to hired a lawyer but first i need your help

westernboi, maybe you and Calilove have something in common here. Your stories almost sound similar.

1. Calilove has a baby with his fiance, who is here on K1 and who is also from Vietnam and who left to visit her family with their baby without telling him about it.

2. You too are on a K1, fiance's from Vietnam, you have a baby, and her family is involved and seem to be causing trouble for you.

Calilove's story:

http://www.visajourney.com/forums/index.ph...p;#entry3307416

Edited September 19, 2009 by k.loveh

[Richard_y_Abi 0]

It always amazes me how some people can be so treacherous. It is like the Judas Kiss. My wife told me that many people in her hometown in Mexico, told her just to marry me, and then, when given the chance, divorce me after she gets her permanent residency card. I am sure that she loves me, and will not leave me. As bad as it sounds, I did want to date her for more than two years, before applying for the K-1 VISA. We ended up dating for almost 4 years, and have known each other for almost 8 years. Long before receiving our Visa, we considered ourselves husband and wife, and lived that way. The way I saw it, if she is willing to live with me here in the states, then I should be willing to live with her in Mexico. That is exactly what we did. Our relationship is sound.

Maybe the same thing is happening with you.

Legally speaking, your fiance is not even considered an immigrant. She has less rights than someone with a tourist visa. If she will not leave at the end of 90 days, I doubt that she will even be considered Out Of Status. This visa is very specific. When we applied for the visa, many people admonished us to abide by the visa stipulations, or we would jeopardize all that we were doing. Not to mention that the I-94 that she has will likely expire very soon.

About your baby. Since my wife and I had our baby in Mexico, before we were married, to obtain a statement that our son is also an American, we have to provide DNA evidence. Unless your fiance provides the blood sample needed, I am not sure then how you will be able to legally keep him/her here in the United States.

I know that your heart is crushed, and we will be thinking of you in the future.

[k.loveh 0]

Here's page one of Caliloves post:

http://www.visajourney.com/forums/index.ph...217724&st=0

Anyway, sounds like you should report it to USCIS.

Edited September 19, 2009 by k.loveh

[Dakine 26]

If she doesn't marry you within the 90 days - she's is essentially on her own (if you so choose) to obtain her permanent residency status - someone (apparently other than you) would have to petition for her. (That's about it as far as her obtaining a PR-status.)

You could (if you so choose) notify USCIS, with a brief letter of explanation, that the beneficiary has left and is on her own.

i don't think anyone else can petition for her besides me

No they can't or can she change to a different type of visa.

[Ted and Marina 0]

Prepair yourself for a tear filled visit from her...

As soon as they discover the law, she will try to return.

Either to make it last until green card arrives, or to find a way to clame abuse.

They have given you 'a sign' pay attention to it.

Phone NVC now

[Dakine 26]

Hello,

My fiancee just got here on a visa that expires in 90 days. It clearly states that she has to marry me within the 90 days or she has to go back home. We have a baby together, but she decided to leave us. She left with her uncle thinking she can become a permanent residence without me. Her uncle told me he'll hire a laywer to do the paper work for her to stay here as a permanent residence without me at all. I then asked him how is that possible sir? He said he can tell the laywer i abused h or threw her out of the house, therefore she has the right to report this and get permanent residency. I can't believed they would make up such a lie for her to stay. Is it true that she can stay in the US as a permanent without me? I thought she has to marry me within 90 days or she has to leave the US?? i am thinking to hired a lawyer but first i need your help

Did you do a CRBA? Is the child a US citizen?

Edited September 19, 2009 by Haole

[SuperDuper! 230]

Hello,

My fiancee just got here on a visa that expires in 90 days. It clearly states that she has to marry me within the 90 days or she has to go back home. We have a baby together, but she decided to leave us. She left with her uncle thinking she can become a permanent residence without me. Her uncle told me he'll hire a laywer to do the paper work for her to stay here as a permanent residence without me at all. I then asked him how is that possible sir? He said he can tell the laywer i abused h or threw her out of the house, therefore she has the right to report this and get permanent residency. I can't believed they would make up such a lie for her to stay. Is it true that she can stay in the US as a permanent without me? I thought she has to marry me within 90 days or she has to leave the US?? i am thinking to hired a lawyer but first i need your help

westernboi, maybe you and Calilove have something in common here. Your stories almost sound similar.

1. Calilove has a baby with his fiance, who is here on K1 and who is also from Vietnam and who left to visit her family with their baby without telling him about it.

2. You too are on a K1, fiance's from Vietnam, you have a baby, and her family is involved and seem to be causing trouble for you.

Calilove's story:

http://www.visajourney.com/forums/index.ph...p;#entry3307416

And I thought I was the only person thinking the same thing: How Westernboi's story sounded precisely the same as Calilove's story. Thank you for recognizing it as well.

Isn't it considered much harder to get fiancee visas granted out of the US Embassy Vietnam? I wonder why? I feel for you westerboi after all the time, trouble and expense to get her here, only to have her bail on you. I hope you get your kid back as well. God Bless.

[westernboi 0]

Hello,

My fiancee just got here on a visa that expires in 90 days. It clearly states that she has to marry me within the 90 days or she has to go back home. We have a baby together, but she decided to leave us. She left with her uncle thinking she can become a permanent residence without me. Her uncle told me he'll hire a laywer to do the paper work for her to stay here as a permanent residence without me at all. I then asked him how is that possible sir? He said he can tell the laywer i abused h or threw her out of the house, therefore she has the right to report this and get permanent residency. I can't believed they would make up such a lie for her to stay. Is it true that she can stay in the US as a permanent without me? I thought she has to marry me within 90 days or she has to leave the US?? i am thinking to hired a lawyer but first i need your help

Did you do a CRBA? Is the child a US citizen?

yes, he is a USC

[Old Dominion 26]

Whatever the sorry circumstances that led to this probable scam, if you do care about your son then it's urgent to consult a good domestic relations lawyer. The court will have something to say about her action in taking your son away from you.

[Rings 10]

For the child, get a family attorney so you can try to get custody.

As for her, report her to USCIS she can't file for abuse unless she has police reports and she can't file to stay here based on abuse if she is not already married. If her intention was to ditch you for the greencard then she should have done her homework.

[Anh map 2,098]

Sorry to hear about your situation. You need an experienced family attorney to help you with issues regarding your child. And a consult with a immigration attorney as well.

As stated before go ahead and contact USCIS if you are sure that you want to end it. It will make things tougher if you "pull the plug" and then try to put things back together again.

If she comes back or wants to meet you, I would only do that in a public place so that any interaction can be witnessed.

The uncle's offer of paying for all the needed expenses to get the marriage, etc. could (should) be documented as well. At the very least a notarized affidavit where you list all the events and persons involved.

Taking all the steps to stop her immigration will no doubt cause stress with regard to your child, so be prepared. Spend the money to consult with qualified family and immigration attorneys.

This is a lousy situation. Do everything you can to protect yourself and your child. You don't want an false abuse charge leveled at you because that would cause extra problems if you were to petition for someone else in the future.

[Kathryn41 3,205]

It would be better to notify USCIS sooner rather than later - you want to make sure your situation is filed with them before she finds out she still needs you so that any 'evidence' she might try to fabricate will be after you have already notified them that she had left, thus making it doubly difficult for her to prove her claim.

[johncali9 6]

Hello,

My fiancee just got here on a visa that expires in 90 days. It clearly states that she has to marry me within the 90 days or she has to go back home. We have a baby together, but she decided to leave us. She left with her uncle thinking she can become a permanent residence without me. Her uncle told me he'll hire a laywer to do the paper work for her to stay here as a permanent residence without me at all. I then asked him how is that possible sir? He said he can tell the laywer i abused h or threw her out of the house, therefore she has the right to report this and get permanent residency. I can't believed they would make up such a lie for her to stay. Is it true that she can stay in the US as a permanent without me? I thought she has to marry me within 90 days or she has to leave the US?? i am thinking to hired a lawyer but first i need your help

Hello alll

i saw one case like that, the lawyer can not do not thing, but if you a abused her ,some one to see that with out the police ,she can stay the US

i see it in san jose

Oh man What is going on man, sponsor for you guy so hard and spent so much money ,you guy see that how hard the Co to do for us

john