She came K1 with another man...but it wasn't happily ever after....until ME!

[pushbrk 12,903]

You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years.

You didn't mention the waiver option. why not?

Because I don't consider it viable in this situation. I agree with Pay's earlier comment on the subject.

Pay's comment states that many succeed, and some fail. I guess I don't understand how this isn't a viable option.

The I-601 waiver requires the US Citizen demonstrate a severe hardship to themselves. There obviously isn't one. That's why.

when you made the assertion that it wasn't a viable option the OP hadn't mentioned anything other than the way they met and what the past history is.

What's your point? They aren't married yet. No hardship was mentioned. There's no reason to think there is one. The hardship waiver has been mentioned and opinions offered. How about we move on?

[LaL 418]

You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years.

You didn't mention the waiver option. why not?

Because I don't consider it viable in this situation. I agree with Pay's earlier comment on the subject.

Pay's comment states that many succeed, and some fail. I guess I don't understand how this isn't a viable option.

The I-601 waiver requires the US Citizen demonstrate a severe hardship to themselves. There obviously isn't one. That's why.

when you made the assertion that it wasn't a viable option the OP hadn't mentioned anything other than the way they met and what the past history is.

What's your point? They aren't married yet. No hardship was mentioned. There's no reason to think there is one. The hardship waiver has been mentioned and opinions offered. How about we move on?

My point is I think you are assuming a lot here, perhaps there is no hardship, but it's a stretch to suggest that based on the first post - which is what you did. Yes, moving on.

[Stasia 0]

I'm no expert in the matter but how would the US know that she has been living here this whole time. What if she says that she's been traveling Mexico and Central America this whole time. If she leaves on a plane then it will show up in her passport, but if you guys just drive south to Mexico and get on an airplane to China from there, how would they be able to prove that she has been living here illegally? She can say she left the US when things didn't work out with her ex.

[pushbrk 12,903]

I'm no expert in the matter but how would the US know that she has been living here this whole time. What if she says that she's been traveling Mexico and Central America this whole time. If she leaves on a plane then it will show up in her passport, but if you guys just drive south to Mexico and get on an airplane to China from there, how would they be able to prove that she has been living here illegally? She can say she left the US when things didn't work out with her ex.

She would need a departure record. It's called an I-94, stapled to her passport. The US actually does keep track of entrances and exits. Also, it's not a court of law for a US citizen. The burden of proof is on her to show evidence she married and adjusted status or left within 90 days.

[rika60607 215]

It is possible to find a job in Europe, in which case they both could go to Europe legally and stay there legally, as long as one of them has a decent job. Jobs in Europe have a tendency to be rather stable.

Although after 10 years in Europe they may not want to come back to the US

[Kathryn41 3,205]

Please remember that it is a violation of Terms of Service for Visa Journey to suggest or recommend any activity that leads to immigration fraud or involves lying to immigration officials. "Pretending" not to have been in the US while here illegally in the hopes that you will not be detected in the lie by immigration authorities is misrepresentation and subject to serious repercussions. Recommending such a course of action is a violation of TOS. Please do not continue in this vein of discussion.

[JimVaPhuong 4,863]

I'm no expert in the matter but how would the US know that she has been living here this whole time. What if she says that she's been traveling Mexico and Central America this whole time. If she leaves on a plane then it will show up in her passport, but if you guys just drive south to Mexico and get on an airplane to China from there, how would they be able to prove that she has been living here illegally? She can say she left the US when things didn't work out with her ex.

Unless CBP has a record of her leaving, they're going to presume she's been here since the last record of entry they have. If they have a record of her leaving but no record of her reentering, then they're going to presume she entered illegally. Either way, she's going to have to explain why she's in the US three years after her last recorded entry, when she was only authorized a 90 day stay. Whatever explanation she provides, CBP is going to require her to prove it.

There are plenty of people who have posted on this site because they forgot to surrender their I-94 when they left, CBP presumed they overstayed, and they were not permitted to reenter the US. In order to overcome this, they have to prove they actually left when they were supposed to:

https://help.cbp.gov/cgi-bin/customs.cfg/ph...php?p_faqid=752

If she made the claims you suggest (which would be illegal if not true) then she'd be required to back them up with credible evidence.

[sachinky 465]

Since she did NOT marry Bob as she was required under law to do so, she had no basis to adjust her status from a K1. Which means she has been living there illegally for the last 3 years, once her I-94 date expired. I'm not going to give you advice about how to circumvent immigration law because your fiancee has already been doing that (and it is a violation of the VJ TOS to do so) and forgive me, but currently I'm touchy about the topic of illegal immigrants considering my husband and I and just about everybody else on this site are doing things legally.

So your options are: Get married. She moves back to China. You file CR1. It will be denied and she will be given a 10 year ban. Then you can file a waiver. If it's accepted, well and good. If not, you can move to China or another third country. Which isn't as easy as it sounds.

I doubt you will be able to marry in the U.S. and then adjust her status based on an I-130 and I-1485 petition. She will most likely be deported.

Also, this is my personal opinion -- but I'd be wary of someone claiming abuse on a K-1.

[Chica Yeyé 41]

Since she did NOT marry Bob as she was required under law to do so, she had no basis to adjust her status from a K1. Which means she has been living there illegally for the last 3 years, once her I-94 date expired. I'm not going to give you advice about how to circumvent immigration law because your fiancee has already been doing that (and it is a violation of the VJ TOS to do so) and forgive me, but currently I'm touchy about the topic of illegal immigrants considering my husband and I and just about everybody else on this site are doing things legally.

So your options are: Get married. She moves back to China. You file CR1. It will be denied and she will be given a 10 year ban. Then you can file a waiver. If it's accepted, well and good. If not, you can move to China or another third country. Which isn't as easy as it sounds.

I doubt you will be able to marry in the U.S. and then adjust her status based on an I-130 and I-1485 petition. She will most likely be deported.

Also, this is my personal opinion -- but I'd be wary of someone claiming abuse on a K-1.

Excellent post sachinky

[justashooter 430]

if you marry a chinese citizen you can get a spousal residency status similar to a green card. if you have any 2 or 4 year degree and are willing to sit thru a 3 week course you can teach oral english in china for a modest salary. trouble is, when you want to move back to USA you don't have a big pile of cash, a residence to move to, or a job to base an immigration of spouse on. you would need a sponsor, or have to leave her in china while you re-establish yourself. that being said, you might like china. i would suggest you avoid the coastal cities, but that would depend upon her city of origin.

[pushbrk 12,903]

Since she did NOT marry Bob as she was required under law to do so, she had no basis to adjust her status from a K1. Which means she has been living there illegally for the last 3 years, once her I-94 date expired. I'm not going to give you advice about how to circumvent immigration law because your fiancee has already been doing that (and it is a violation of the VJ TOS to do so) and forgive me, but currently I'm touchy about the topic of illegal immigrants considering my husband and I and just about everybody else on this site are doing things legally.

So your options are: Get married. She moves back to China. You file CR1. It will be denied and she will be given a 10 year ban. Then you can file a waiver. If it's accepted, well and good. If not, you can move to China or another third country. Which isn't as easy as it sounds.

I doubt you will be able to marry in the U.S. and then adjust her status based on an I-130 and I-1485 petition. She will most likely be deported.

Also, this is my personal opinion -- but I'd be wary of someone claiming abuse on a K-1.

Attempting to adjust status would be a sure denial. No doubt about it. Then comes the deportation order. Best to avoid any sure thing failures. The abuse issue is a non-starter because she never married Bob.

Their viable options are to leave voluntarily for ten years or live with the time bomb of potential deportation. Leaving to live anywhere but China is not as simple as clicking your heels together but to go to China is pretty easy.

[Stasia 0]

Please remember that it is a violation of Terms of Service for Visa Journey to suggest or recommend any activity that leads to immigration fraud or involves lying to immigration officials. "Pretending" not to have been in the US while here illegally in the hopes that you will not be detected in the lie by immigration authorities is misrepresentation and subject to serious repercussions. Recommending such a course of action is a violation of TOS. Please do not continue in this vein of discussion.

I understand and apologize, sometimes I forget that forums don't function the same as regular conversations and that there are legalities involved. My mistake won't happen again

[Usui Takumi 1,562]

if you marry a chinese citizen you can get a spousal residency status similar to a green card. if you have any 2 or 4 year degree and are willing to sit thru a 3 week course you can teach oral english in china for a modest salary. trouble is, when you want to move back to USA you don't have a big pile of cash, a residence to move to, or a job to base an immigration of spouse on. you would need a sponsor, or have to leave her in china while you re-establish yourself. that being said, you might like china. i would suggest you avoid the coastal cities, but that would depend upon her city of origin.

I wouldn't worry too much about the residence/job issue. When the financial storm clouds started brewing in the spring/summer of 2007 we made the decision to come back "ahead" of the storm. Yes it was slightly more expensive to interview for a US Job while living abroad but it worked out and I found a US position in the area we wanted to live in just over two months.

[Old Dominion 26]

Maybe I'm thick skulled here, but so many people from overseas overstay their various visas, marry a USC, and then proceed to adjust their status. USCIS overlooks instances of illegally residing here, if the marriage is bona fide, there has been no criminal behavior, and things are working out in general. Right?

[LaL 418]

Maybe I'm thick skulled here, but so many people from overseas overstay their various visas, marry a USC, and then proceed to adjust their status. USCIS overlooks instances of illegally residing here, if the marriage is bona fide, there has been no criminal behavior, and things are working out in general. Right?

One cannot adjust if they entered on a K1 petitioned by someone else.

Edited November 20, 2009 by LaL