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jfarinha

k-1 visa left after arriving in usa with another man

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Filed: IR-1/CR-1 Visa Country: China
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Hey - any news?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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Filed: Citizen (apr) Country: Romania
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I don't know about that...I think it depends on how well you know the person. However, if you're in the process of getting married to them, is there a difference? I mean it's not like they magically turn into a loving, dependable spouse once you get married. Shouldn't you be able to trust them before you get married?

Very true, but as you can see in this case, the OP was wrong to trust her. I hope things sorted out for him and he didn't marry that woman after all.

Jim, you are correct. A promissory note comes with the obligation that those money be paid back. For amounts of money that big, I do recommend that a contract be made between the two people just because cases like the OP's and many many others that wind up in the fiancee coming to US and then leaving that man heartbroken and wallet-broken. After marriage, that note can be thrown away.

I guess I understand why people who are engaged would choose to trust their fiance..still me personally, I wouldn't give amounts of money that big to no one except my family. Maybe i'm just cheap :hehe:;)

I wonder what happened to the OP

New Citizen of the United States and Proud of it!

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VAWA provides for an abused spouse to self-petition for adjustment of status. They didn't get married, so she's not eligible.

You'd only ask for a promissory note if you expected to be paid back. When the money is a gift, then there should be no strings attached. Sure, you'd feel like you got screwed if you thought you were giving the gift to your future wife, but you'd feel the same way if that future wife was an American living down the street.

By the same token, there is a very popular scam in some FSU countries that involves a girl (sometimes it's a man masquerading as a girl) who connects with some foreigner online (often an American). Once they get the guy's interest, often with some sexy pics and "I love you" stories, they start sending out sympathy stories about sick mothers or brothers in jail, and beg for money to get their lives in order, with the promise that they will eventually be marrying the sucker they've hooked. Sometimes, they'll even meet with the guy if he offers to come to their country. In those particular scams, they rarely follow through with any visa plans, or at least never get on the plane. They've usually got several guys at a time on the hook, and they're making a good living with their scam.

Obviously, this isn't what happened to the OP. She was "in it" for the visa, and not the money. Otherwise, she'd have milked him for a lot more than $750.

She could try for a "U" visa.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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She could try for a "U" visa.

DHS may deny status to applicants who have committed visa fraud

I would think the visa fraud would be easy to show in this case.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: K-1 Visa Country: Vietnam
Timeline
She could try for a "U" visa.

Not likely. In order to apply for a U visa she'd need to get an I-918 Supplement B from a law enforcement agency certifying that she has/is/will be helpful in the investigation and prosecution of qualifying criminal activity. This is often a show stopper for intending U visa applicants who dredge up accusations of domestic violence as the "qualifying crime". If the law enforcement agency doesn't think there's enough evidence, or simply chooses not to prosecute, then they won't sign a Supplement B for the applicant. Even if they DO choose to prosecute, it's entirely up to the discretion of the head of the law enforcement agency (or whomever is designated by the head of the agency) to decide whether the assistance offered by the applicant justifies signing the Supplement B.

If she did manage to get a U visa, she'd have to remain in the US for 3 years before she'd be eligible to adjust status. At that time, USCIS would determine whether her continued presence in the US was justified either on humanitarian grounds, or is in the best interest of the public.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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DHS may deny status to applicants who have committed visa fraud

I would think the visa fraud would be easy to show in this case.

Concur - but that's why I said "try" :)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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I hope they throw her in jail and throw away the key. Scum like this run the process for everyone :angry:

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United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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