K1 visa to K3 Visa ( SPOUSE VISA )

[Rexie 0]

Hello Everyone...

I just want to share my story here if there is some who has the same of my story.

Here is my story : I came to USA as a k1 visa full of love and happiness with my fiance but we didn't marry due to the complicated situations ( to make the story short ) After the bad situation happens i stay with my aunt and so on i meet a friend of my uncle and we became friends. Everyday he calls me sometimes he visit me in my Aunt's and Uncles house with their permission but at the times goes by we fall in love and we married 10 days before my K1 visa expired and we are happy living together as what i have observed he is a great guy he introduced me in his family and they are a very nice people and family oriented . So My Husband went to the one of the senator's office to file my AOS and one of the senator's lawyer entertain him but the lawyer said that he can't file the AOS because he is not the petitioner and that is against of the law so the lawyer said that since we are already married i have to go back to my home country and while he filed the K3 visa.My question is :

1. Are does someone have a similar situation? If has are the Embassy doesn't give you the difficulties? or can you still come back here?

2. Do i have to change my status in my home country as a married woman eventhough i marry in states?

3. Do i still have the assurance to come back in states and be with my husband?

4. I already have the records of fiancee visa is it possible that the consulate in my home country denied mefor k1 visa?

Thanks any advice would appreciated...

PS.. Im already here 100+ days but i have a waiver that i still have the 180 days here to stay eventhough me and my petitioner didn't marry but i marry with the USC. So i have to leave the country before the 180 days expired. :(

[CanadianRedneck 8]

YOu file a new I-130 petition, IR1/K3 whatever you wanna call it..and then apply for AOS. I dont think you can transfer, but you can certainly file a new petition..and then file for AOS. Since you're still on the 180 day waiver I think you're ok. Although I always thought if you're on a K1, you only had 90 days after POE to marry?

[canadian_wife 1,827]

You are out of status and did not adjust status with your original petitioner, this can make you subject to deportation.

You must return home, your husband can file now for the Cr-1 visa - there is no more K3, it was administratively closed in February 2010.

There is no guarentee that you will be granted a Cr-1 visa however. THey will have the records from the K-1 so expect to answer questions about why you did not marry your original petitioner and why, less than 3 months later, you married another man

Good luck

[Rexie 0]

I came here for k1 but me and the petitioner didnt marry to make the story short i marry the other guy USC but i have to go back home to my country because only the petitioner can marry me so sinc ei marry the other guy theres no way fo us to adjust my status so i have to go back home an dmy husband will file a k3 visa so that i can come back here my concern is do you think i can still go back here? Since i laready have the record that i been here for k1 visa.thanks

[Anh map 2,098]

The answers here are the same as in your other threads. You must go back to your home country and your husband submits a spousal petition.

You cannot adjust status with person B after entering with a K1 visa for person A.

[Rexie 0]

Thank you guys for your message i appreaciate it. Of course i have to answer them why me and the k1 petitioner didnt marry and i will tell them the truth...Thanks alot

[belinda63 3,041]

As I stated in the prior thread you had ditto to the YOU MUST RETURN HOME, you cannot adjust status here.

Your new spouse will file for the CR-1 which will take about 8 months or so for you to receive an interview. You will have to disclose the prior K-1 visa, your trip to the US, and your overstay. Just because you may not exceed the 180 day limit which will create a ban on you when you leave you will still have to disclose that you overstayed.

You will be interviews and I am certain questioned intensely about your prior relationship that resulted in a K-1 visa and now the quick marriage to another US citizen. I am almost certain that without mountains of evidence you will be denied the visa.

If you make any false statements either in writing or verbally during the visa process or on the paperwork this could be grounds for a misrepresentation finding and a possible life-time ban from the US.

Good luck.

[Wayne and Claudia 40]

As I stated in the prior thread you had ditto to the YOU MUST RETURN HOME, you cannot adjust status here.

Your new spouse will file for the CR-1 which will take about 8 months or so for you to receive an interview. You will have to disclose the prior K-1 visa, your trip to the US, and your overstay. Just because you may not exceed the 180 day limit which will create a ban on you when you leave you will still have to disclose that you overstayed.

You will be interviews and I am certain questioned intensely about your prior relationship that resulted in a K-1 visa and now the quick marriage to another US citizen. I am almost certain that without mountains of evidence you will be denied the visa.

If you make any false statements either in writing or verbally during the visa process or on the paperwork this could be grounds for a misrepresentation finding and a possible life-time ban from the US.

Good luck.

I agree completely with you. I also believe she will have a very difficult interview.

[pushbrk 13,068]

YOu file a new I-130 petition, IR1/K3 whatever you wanna call it..and then apply for AOS. I dont think you can transfer, but you can certainly file a new petition..and then file for AOS. Since you're still on the 180 day waiver I think you're ok. Although I always thought if you're on a K1, you only had 90 days after POE to marry?

This is wrong. I K1 visa holder cannot adjust status unless it's through the original petitioner. She needs to leave the USA as soon as possible. Her visa DIED upon entry, so its expiration date is meaningless. She had 90 days to either marry the original petitioner or leave. If she's been here 270 days or more, she's already subject to a three year ban starting the day she leaves. This is a serious matter and needs expert guidance, not guesses.

[pushbrk 13,068]

Thank you guys for your message i appreaciate it. Of course i have to answer them why me and the k1 petitioner didnt marry and i will tell them the truth...Thanks alot

No, actually you have to leave the USA. Every day you stay here is making your situation worse. Arguing with the members here won't change that. It's the law. You are now subject to deportation and depending on how long you've been here, you're already subject to a three year bar/ban from entering the USA.

[Mike&Cherry 45]

Hello Everyone...

I just want to share my story here if there is some who has the same of my story.

Here is my story : I came to USA as a k1 visa full of love and happiness with my fiance but we didn't marry due to the complicated situations ( to make the story short ) After the bad situation happens i stay with my aunt and so on i meet a friend of my uncle and we became friends. Everyday he calls me sometimes he visit me in my Aunt's and Uncles house with their permission but at the times goes by we fall in love and we married 10 days before my K1 visa expired and we are happy living together as what i have observed he is a great guy he introduced me in his family and they are a very nice people and family oriented . So My Husband went to the one of the senator's office to file my AOS and one of the senator's lawyer entertain him but the lawyer said that he can't file the AOS because he is not the petitioner and that is against of the law so the lawyer said that since we are already married i have to go back to my home country and while he filed the K3 visa.My question is :

1. Are does someone have a similar situation? If has are the Embassy doesn't give you the difficulties? or can you still come back here?

2. Do i have to change my status in my home country as a married woman eventhough i marry in states?

3. Do i still have the assurance to come back in states and be with my husband?

4. I already have the records of fiancee visa is it possible that the consulate in my home country denied mefor k1 visa?

Thanks any advice would appreciated...

PS.. Im already here 100+ days but i have a waiver that i still have the 180 days here to stay eventhough me and my petitioner didn't marry but i marry with the USC. So i have to leave the country before the 180 days expired. :(

Are you from Mongolia or the Philippines? Also I thought you met your new husband online. Then in another thread you stated that you were looking for advise for your "friend".

Here's your previous post links http://www.visajourney.com/forums/topic/152960-k1-visa-expired-and-married-to-someone-else/page__st__75

http://www.visajourney.com/forums/topic/285977-i-need-your-advice-and-i-will-appreciate-it-if-you-can-help-me/

Your story is not consistent based upon the statements you made here on Visa Journey. Based upon that I think you probably won't keep your story straight with immigration. By creating another thread your not going to get a different answer. You need to go home and your chances of coming back to the U.S. are slim to none. I don't know which story to believe so it's difficult to have any simpathy. If you are true to your word I wish you the best, but if your not then good riddance.

Edited December 10, 2010 by Mike&Cherry

[agynyame 2]

Rexie,

YOU are complicating matters for yourself and possibly endangering any chance of spending time with you new spouse. Heed the advice of what everyone has been saying. You cannot adjust status except through the original petitioner. You need to leave immediately and you and your new husband need to find a good immigration lawyer because you will need it. So stop the illusion and be more pragmatic for your own sake. You tried to play a game with someone's heart and you got caught. Quit wasting bandwidth on this subject. GO HOME and have it filed.

Agyanyame+

[Penguin_ie 5,996]

There is no "180 day waiver" that I ever heard of, are you sure about this? Do you have an official stamp in your passport or paperwork regarding it?

[HeatDeath 430]

What they probably meant by the "180 day waiver" is this:

You entered on a K-1 visa. That allowed you to stay in the US, legally, for 90 days.

Starting on day 91, you began to accrue "out-of-status days."

Having out-of-status days is not normally a big deal [unless you came in on the VWP, but you didn't, so don't worry about that] UNLESS you have more than 180!

If you are still here on the morning of your 180th out-of-status day, then when you leave the US, you will get slapped with a 3 year ban from entering the US. If you are still here on the morning of your 365th out-of-status day, the ban you will receive when you leave jumps to 10 years!

If you leave the US before your 180th out-of-status day, your new husband will have a relatively simple, reliable, and easy [as much as immigration stuff ever is!] process to get you a spousal visa so you can come back.

If you stay long enough to get one of those bans, the process to get you back in here legally becomes much, much more difficult.

Yes, you will have to explain at the interview why the K-1 marriage fell plans through, and how you met and married someone else so quickly, but that's nothing compared with trying to get a waiver approved for the 3 year ban, on top of everything else!

And to repeat what you've already been told dozens of times: no, there is absolutely no way, period, full-stop, end-of-story, for you to adjust status without leaving the US first. Any government employee who tells you otherwise is confused and wrong, and any lawyer who tells you otherwise is a crook who is just looking to take your [and your husband's] money and who doesn't care if he ruins your life in the process.

We aren't telling you this to be mean, or racist, or anything like that. You are in a difficult situation right now, and we're telling you the God's honest truth about the best way to get yourself fixed up, immigration-wise.

Please believe us.

Edited December 10, 2010 by HeatDeath

[Rexie 0]

Thanks Heatdeath...

I greatly appreaciated your very nice advice yes i will leave US before my 180 days and as soon as i already had a plane ticket. Youre very nice advice helps me alot.Thanks... I will just put everyhting to God's well to fixed my situation soon..Godbless you..