k-1 question

[sam 0]

if a lady marries someone else other then the petitioner while she is in the US on a k-1 visa can she stay and file her AOS or must she return to her country of origin?

Sam

[Robor007 0]

if a lady marries someone else other then the petitioner while she is in the US on a k-1 visa can she stay and file her AOS or must she return to her country of origin?

Sam

Someone correct me if I'm wrong but I'm 99.9% sure the person being petitioned can ONLY marry the petitoner.

[dwar49 0]

No she can not. She could marry and but then would have to return to her country prior to the 90 day limit. Then reapply for spousal visa.

Have to be honest though, USCIS has taken real close look at that type of situation when approving spousal visas also. Might be better off sending her home and then doing the whole K-1 thing again.

Definitly can not stay under the circumstances you gave.

[joseph22 0]

if a lady marries someone else other then the petitioner while she is in the US on a k-1 visa can she stay and file her AOS or must she return to her country of origin?

Sam

I think you are entering very touchy immigration waters here.

Is not to say that people dont overstay entry visas and later apply for residency based on a marriage that wasnt on the books...but why would someone enter on a K1 then marry someone else?????

Attempting anything of the sort would require some heavy Adjustment of Status litigation by a qualified attorney, as most marriages on the inapropriate entry visa do....including tourist, work, etc. To do so on a K1 for a DIFFERNET person...I wouldnt count on a positive result too hard.

Edited July 18, 2006 by joseph22

[dwar49 0]

If USCIS pushes it, it is a violation of her visa. She could be deported and banned for a long time.

Think about it, to someone who doesnt know the situation, it looks like she is just getting married to avoid returning to her own country.

[Billy 0]

If she married you and got 2 yrs green card, she can file for divorced and remarry, she might have a chance to file AOS with her new hubby. Someone please correct me if I am wrong.

Bill

[dwar49 0]

Okay, now we are giving out advice on how to get around the law?

Going to be tough here, because this is prime example of why it is such a pain to get Fiancee visa for those of us who have legit relationship and arent just trying to get in the US

SEND HER BACK TO HER HOME COUNTRY AND START OVER.

[JenT 0]

From the USCIS web site:

If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States

Jen

[rebelheart 0]

if a lady marries someone else other then the petitioner while she is in the US on a k-1 visa can she stay and file her AOS or must she return to her country of origin?

Sam

WOW! correct me if im wrong with my understanding, someone will petition a person on a K1 visa??? and when she entered the 90 days US visa's , it happened she will marry "OTHER" guy than the petitioner, that will be a big FOUL to USCIS.

after marriage, u need to do AOS and proving the legality of marriage, how could a girl with a purpose to marrya petitioner when entering US and didnt went thru instead other guy.... How could you defend it to the Immigration????

even so she married "OTHER" guy and sent back home and re-apply for spousal visa..... how could be 100% sure, its won't brought up by the immigration officer in your interview .. bcos i knew everything about processing with US IMmigration saves in their system ... even police record shows right??

Very complicated ... much better ... don't do the application and let the "OTHER" guy do the petition ... or MAYBE if .. i was thinking the "OTHER" guy cant petition her bcos of maybe... affidavit of support or else??? thats why your using a DUMMY for filing??? is dat it???

Im not being so harshed with this point of view of mine... its just its a very complicated situation your question is.....

gudluck to you. god bless.

[joseph22 0]

Okay, now we are giving out advice on how to get around the law?

Going to be tough here, because this is prime example of why it is such a pain to get Fiancee visa for those of us who have legit relationship and arent just trying to get in the US

SEND HER BACK TO HER HOME COUNTRY AND START OVER.

I agree completely.

[Billy 0]

Hi

I didn't mean to tell the way to get around the law. Because It's been done with the help of the lawyer. I hate it when I saw it can be done so easily.

Bill

[JenT 0]

Some of the questions we get are truly unbelievable.

[Yodrak 7]

Bill,

Not the situation under consideration.

Yodrak

If she married you and got 2 yrs green card, she can file for divorced and remarry, she might have a chance to file AOS with her new hubby. Someone please correct me if I am wrong.

Bill

[rebelheart 0]

Some of the questions we get are truly unbelievable.

I AGREE , TOTALLY UNBELIEVABLE!!!

[dwar49 0]

You are right Billy it has been done that way, but in alot more cases the foriegn national was deported with little or no chance to return.

Again, this whole thing smacks of visa fraud and it drives me crazy, because it is prime example of why I am sitting here chatting on this board rather than spending time with my Fiancee/wife who by all rights should not have to wait 6 to 9 months for visa approval.