How to make Fiancee deport. dont want to marry her

[ValerieA 350]

I would get in touch with her talk to her and 'pretend' to work things out. Let her know that you want to at least help her stay here--get her a travel authorization and tell her you want to take a vacation with her back to her home country.

You buy both the tickets and on hers cancel the round trip ticket for her as soon as you get there. Change yours and fly back alone.

You brought her here--obviously truly duped or without enough knowledge of her--it should be your responsibilty to send her back.

Immigration won't do anything--she will find someone else to marry her and they will just let her continue living her until that new man processes her paperwork.

Don't want to hear from nah-sayers this won't happen--I know three individuals that are illegal overstays. They go into immigration office with their new spouse and ask questions and get paperwork and stuff--immigration does nothing as far as taking them into custody or documenting them for deportation. The state DMV will and in one case did have them arrested when they try to renew their drivers license. Turned over to ICE only to be released less than an hour later--she actually got a ride home from the agent.

-5,000,000. As Nina said, he can't get in touch with her, and taking this into his own hands will only get him in trouble. Secondly, illegal overstay is not the same thing as coming in on a K-1. An illegal overstay could be in on any visa, including, say, a B-2 visitor visa, and thus their overstay is forgiven in consideration of their US spouse. A K-1 visa (overstay or not) can not adjust status to LPR unless they marry the person who petitioned for them.

[dluke77 9]

If he has a case against her -- then talk to one of her friends and have them pass word that he wants to work things out.

Short of that call immigration and after that there isn't much you can do. If she stays here illegally then all you can do is keep track of where she is at; as far as her employer and stuff and let them always know she is here illegally as well as letting ICE know where the illegal is working at, living at, etc etc. Just don't STALK her or you'll be in more trouble.

Oh yeah and get a real good lawyer.

[Darnell 8,479]

--get her a travel authorization and tell her you want to take a vacation with her back to her home country.

Pardon, what is a 'travel authorization' ?

The woman needs NOTHING to travel pack to Pakistan, to abandon this guy and to abandon the engagement.

Obviously she's gonna abandon the upcoming marriage, as well -

but -

what is 'travel authorization' for a K-1 visa holder?

[dluke77 9]

Pardon, what is a 'travel authorization' ?

The woman needs NOTHING to travel pack to Pakistan, to abandon this guy and to abandon the engagement.

Obviously she's gonna abandon the upcoming marriage, as well -

but -

what is 'travel authorization' for a K-1 visa holder?

You need a Advance Parole (permission to travel outside and reenter the country). If he was to take her to Pakistan--she would need a travel authorization to get back in the country before or after marriage if on K-1. The idea is to make her think she is coming back--before you dump her back home, and under the assumption that her only intention on K-1 was to land on US shores.

[Darnell 8,479]

No, not at all, dluke77, not for 'leaving' -

no new paperwork required ... Just her passport.

'advance parole' is not granted to someone who's not filed the AOS packet -

and she can't file AOS without being married.

Let's all assume no marriage here, for the nonce, yes?

I think your ideas about this , are really 'malformed'.

You are suggesting that the woman be 'enticed' to leave, when really, no 'enticement' is needed.

Further, yer suggesting , for that enticement, something illegal.

Further, yer suggesting, for that enticement, that the OP marry this woman (can't get AP without getting married).

I'd suggest to you, strongly, that you should rethink your 'position', much.

Oh - I do apologize, though - for the trick question -

what is 'travel authorization' for a K-1 visa holder? - as it really is an oxymoron phrase from me, but a test for you. You failed that test. There is NO TRAVEL AUTHORIZATION for a K-1 visa holder - only Advanced Parole for an 'Adjustment of Status' case, as the K-1 visa is invalidated the moment she steps into USA.

Edited August 6, 2010 by Darnell

[Nina~ 431]

You need a Advance Parole (permission to travel outside and reenter the country). If he was to take her to Pakistan--she would need a travel authorization to get back in the country before or after marriage if on K-1. The idea is to make her think she is coming back--before you dump her back home, and under the assumption that her only intention on K-1 was to land on US shores.

Agree with Darnell, you are passing around really bad information. Stop offering advice and

[dluke77 9]

Agree with Darnell, you are passing around really bad information. Stop offering advice and

"Can a K-1 Visa Holder Leave the United States?

The K-1 visa allows a fiancé(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States. See Emergency Travel for information on how to get a travel document that allows you to return to the United States."

From the USCIS website FAQ's, my friends fiance (K-1) returned to the Philippines for 2 weeks to take care of issues with her business that came up. She filed an I-131 (they were not married yet) and she returned to the US. How is lying to your wife/fiance illegal? It maybe is immoral but not illegal.

Edited August 6, 2010 by dluke77

[Darnell 8,479]

OK - I'll concede the point that it is possible, but really, in this particular case, do you think it to be PROBABLE?

[ValerieA 350]

You need some pretty compelling evidence to get the AP if you have not filed AOS - for example, a death certificate. How do you suggest the OP go about obtaining said evidence? Remember, lying to USCIS is a crime...

[JimVaPhuong 4,863]

"Can a K-1 Visa Holder Leave the United States?

The K-1 visa allows a fiancé(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States. See Emergency Travel for information on how to get a travel document that allows you to return to the United States."

From the USCIS website FAQ's, my friends fiance (K-1) returned to the Philippines for 2 weeks to take care of issues with her business that came up. She filed an I-131 (they were not married yet) and she returned to the US. How is lying to your wife/fiance illegal? It maybe is immoral but not illegal.

That's from the Department of State's visa website - not the USCIS website.

Section 54.3 of the Adjudicators Field Manual lists the classes of aliens who may apply for advance parole.

1. Certain "exceptional ability" professionals with immigrant visa petitions or voluntary departure prior to April 1, 1997.

2. Certain Cubans applying for immigrant visas in Canada.

3. Aliens with a pending AOS application.

4. LPR's with a pending application for a replacement green card.

5. Certain aliens in whose case parole has been authorized by USCIS headquarters prior to departure.

6. Legalization applicants under the LIFE act.

Advance parole is something which USCIS is authorized to grant by law, but the terms are not codified into the law, which makes it entirely discretionary. The AFM makes this pretty clear:

It is important to note, however, that no alien is "entitled" to a grant of advance parole. Even if an alien is within one of these classes, whether to grant advance parole in an individual case remains a matter entrusted to DHS discretion.

Unless I'm missing something, I seriously doubt USCIS is going to grant advance parole to a K1 who hasn't applied for AOS yet. They don't fall into one of the classes specifically listed in the AFM. I can't see an adjudicator using their discretion to grant AP in this case.