Did Not Marry Original Petitioner

[Rexie 0]

Hello I was so touch of your entering in US and it's like my friends problem too. Can i ask something? Hows your AOS going? Does the immigration not deny you that you came here with the k 1 visa and not marry the original petitioner? I just want to ask so that we have a hint about my friends situatin now. Thanks and Godbless..

[yohino 22]

Hello I was so touch of your entering in US and it's like my friends problem too. Can i ask something? Hows your AOS going? Does the immigration not deny you that you came here with the k 1 visa and not marry the original petitioner? I just want to ask so that we have a hint about my friends situatin now. Thanks and Godbless..

Replying in such an old thread is a bad idea in it self, and you can NOT AOS from a K1 if you don't marry (and AOS with) the original petitioner.

No way around that one.

[HeatDeath 430]

Yep. If you enter on a K-1 and it becomes obvious [for ANY reason] that no marriage is going to occur within 90 days, MAKE SURE you get out of the US before 180 days after your I-94 expiration date.

There have been a lot of threads like this recently. The reason DOESN'T MATTER. AT ALL. It doesn't matter if there's a pre-nup, it doesn't matter if there's sex tapes and girlfriends on the side, it doesn't matter if your K-1 petitioner abandons you and never picks you up from the airport, or even if they beat you with a sack of oranges and leave you for dead - you still CANNOT adjust status through any means whatsoever except marriage to your original petitioner! You can't even do a VAWA petition until the petitioner's signature is on a marriage certificate!

In a situation like that, you can overstay a little without any major consequences, but you will eventually have to leave the US to get any other kind of legal status, including another K-1 from another petitioner, and triggering a 3 year or 10 year bar doesn't do you or your new wannabe petitioner any good at all!

Edited December 9, 2010 by HeatDeath

[Deputy Purple 1,294]

Hello I was so touch of your entering in US and it's like my friends problem too. Can i ask something? Hows your AOS going? Does the immigration not deny you that you came here with the k 1 visa and not marry the original petitioner? I just want to ask so that we have a hint about my friends situatin now. Thanks and Godbless..

Rexie,

First the OP of this thread "Boyage" hasn't been on VJ since Oct 14, 2008 so I doubt you'll get any response from her.

Second, how come suddenly its "your friends problem" but in your thread you were very clear that it was your problem?

Finally, there is no way for you to adjust status from a K-1 without the original petitioner unless you actually married him & could prove that as your spouse he abused you. I only mention this because at this point I doubt he'd marry you based on what you've already disclosed in your thread.

Bottom Line: You need to get on a plane to the Philippines (or is it still Mongolia) and have Mr 2 week romance petition you for another trip to the US.

For anyone wondering about the info in my post, see Rexie's thread.

[dluke77 9]

Anyway, whatever the descession is,I am welling to deal with it.I know that ,I must abide the law.I respect the law and I believe that they have their own purposes.But,I just wish someday,they will make a law on both sides.Not only to the petetioner.I wish they will look on both sides.Reputation is a must for me.I grew with a nice reputation,with a respect from people around me so I just wish I could get it till the rest of my life.But life is full of trials wether we like it or not.I am just here to tell you guys,that , it is hard when someone doesn't respect you.I think everybody needs a respect.Correct me if I am wrong...

If you would have respected the law you would not be in the US right now; it is the law that states you cannot stay longer than a valid visa allows you too. Illegal Aliens in the US do not generally enjoy a respectful reputation--so get use to not being respected. Understand the 1st guy was a major ####### if what you say about him is true. But 1st and formost respect yourself first. If you held your virginity for so long then why give it to the man who was going to marry you within 90 days before he actually married you--I bring this up because you mentioned you think he wanted you as a sex-slave? How could you know that if you are virgin still? Either way keep your head up and be positive and since you seem to have faith in God then look to him for direction in doing what is right--don't use your faith in him as an excuse to be able to ask forgiveness later.

[Aztec&Taino 144]

Hello I was so touch of your entering in US and it's like my friends problem too. Can i ask something? Hows your AOS going? Does the immigration not deny you that you came here with the k 1 visa and not marry the original petitioner? I just want to ask so that we have a hint about my friends situatin now. Thanks and Godbless..

Are you for real?

Your situation is, all of a sudden, a "friend's" situation? Listen, you need to go back to your country. Period. Otherwise, your continued stay in the US will be illegal. Would you like some ICE to chill your drink of deceit?

Edited December 9, 2010 by Aztec&Taino

[Loolie 56]

Dear Everybody,

Hello all,may the Lord God bless us and to this column.

I am new to this site and I am so glad to find this because it helps me a lot with my problems.And now ,I am hoping you all to advice me what is the best thing to do.And in order to understand my situation,here is my story.

I arrived here in the US last August 15,2007.On my first day here,I already noticed something is wrong with my fiance.I feel like he just brought me here in order to have a servant in his kids and pets.He got 2 kids.But I don't complain about that.Because for me,it's my obligation as his wife to be because that is what I expect hence he brought me as his fiancee.What I don't understand, is ,why he has no plan about marrying me?He is aware that he should marry me b4 90 days so that I will not be sent back home.I did not ask him a marriage and I just wait because for me as a filipina ,we have no rights to ask for a marriage.I just wait and wait until I decided to ask him if is he having second thoughts of marrying me.He said no,he doesn't.He just told me that he just need a enough time to ask a vacation leave from his work.So,I listened until the date comes that he promise to marry me. It was Nov.5, and my visa will be expired on Nov. 13,see how difficult it is for me.I feel like I am climbing on a very thin thread.I hurts but I can do nothing.He has the ace.My reputation is already been damaged.For me,if I go back home,it would be a very big issue.People will talk about me.Judging me badly.I hope you understand what I mean.So,I take it all.I just cry and pray.But the worse thing was when Nov. 5 comes,it was morning,I thought, we will go to the court but, I was surprised when he handed me a pre-marital agreement.Everything that is bad for me is in there.He said if I won't sign it,there's no marriage will be happen between us.He is welling to buy me a ticket for me to go back home.But,it states there,that he has no obligation on me,if I die,he has no obligation about my burial expenses,if he divorce me , I would just have to sign the divorce paper without any complain.I have no rights in everything that he owns.For me,on that moment,the first thing that comes up to my mind is why is he doing this to me.He is the 1st man in my life and he knows that.I am a virgin (sorry for my word but it hurts me so really bad)when he got me.I am a descent woman and I did everything to be a descent and good wife.I never complain if he wakes me up at 1 am just to take his dog outside to pee.I get up 1st before him just to pack his lunch and prepare his b-fast.He has no tv.He worked 5 days a week.He leave at 5 and get home at sometimes almost 11 pm.I never complain that.So, in short,what I did ,is I said..wait....I talked to my sister and brother in law.I was seeking for advice what do I need to do.Should I sign it or not? I know I won't be happy because for me I don't deserve it because all I want is a respect.So, he said,ok,but he is smart..He get a marriage license.We get it together and I agree because I thought his mind will be changed.But, then,I know that,that is why he get it so that he could used in order to clean his self.He called the USCIS and said,that t is my fault that we will not be able to get married and it makes me mad.He is a nurse and he works in ICU and I am pretty sure that they will favor of him because he is educated.They believe in him because he have that charisma.So,I already know that there's no marriage happen between us because he said that I already disagree to sign the agreement.So,I said,before I go back to my country,I have to see my sister and nephews.I ask him and he drive me to my sister's place.And after 3 days I went back to his house,my brother in law send me back because I was a stupid,I was in love with him.So, i just stay and he said,I could stay with him illegally because I said to him that I love him.My sister got so upset on me and her friend who is the president of filipina association.My sister said that I should go back home so that I will not be on the black list and I did not listen so she called police in order to get me out from my fiance and it happened.But, what really happen is, my fiance make a nice statement to the police w/c I think is his friend,he said,that my sister is crazy and he said that he has already a ticket for me.So the police said,ok...So,in the morning,as what I have expected,he already packed my things, and he said,that I have already a ticket.I was crying because I don't want to leave him because I was very in love with him.But he was mad, he said go...Even if I don't want to,I was forced,so I ride in plane going to Texas and then because it was my 1st international flight,I got lost.The airport is so big and I miss my flight.Maybe it's because,I was crying and I keep going back to the bathroom because I was ashamed that people were looking at me.So,then I called him and told him,I miss my flight.He said,it's your fault,I have no more obligation with you.So,i called my sister and told him,I am stranded.I got only 100$ on my pocket.That's all I have.he only gave me 100$ and that's why I just stay in the airport.My family were all worries about me.So,my brother in law ask me if I am welling to stay with them for a couple of days until I have someone to go with back to philippines.Because,they have heard that there is a filipina who is also planning to go home to philippines.So,that's why I said,yes..So,they bought me a plane ticket.And I took it .And,then, when I was with my sister's family,I was still keep thinking of my fiance.Then,I cheated my sister,I e-mailed my fiance and told him I am with my sister.after, he knew it,he said,that he still love me and I believe, so,when my sister left me at his friend's house, I sneak and called my fiance and then my fiance get me from there.My sister and her friend were so mad of me because I am stupid and they said they were trying to help me and I did not help myself.So,in short,I was with him again.I keep waiting waiting as usual if he's gonna marry me.But,still nothing is changed.In fact,I saw his videos making sex with another woman who is his co-worker,a nurse also..It hurts me a lot.I don't know what to do.I comfront him once and he cannot say anything because it is true.I copied it and it here with me now .I put it on the dvd disc.But,I am still not discouraged,I still waited and waited maybe because I feel like I can't live without him.Until,time come,it was March 10 2008,that he said,he is going to bring me to his mom's house and hide me there because he said nobody knows me there.Like I will just travel thro and fro so that the INS cannot locate me.It's stupid.Then,I wake up and face the truth that he doesn't love me.I called my friend and ask her for help.She was a little bit mad of me because I already cheat on her.My sister is afraid to help me concerning I am already an illegal.I talked to my fiance,I said to him ,I can't go with you.He was very mad and I don't listen to my heart anymore.I left.He did not give me even a peny.

When,I was at my friend's house, she let me use the computer.You just don't know how it's hard for me.There's no nights that I don't cry.They see me and felt pity on me.She sometimes brought me to her school so that I will be entertained.And,then,one time,when I log on my computer,i saw a message from a man, which is now my husband.He said,he is welling to marry me and starts family with me.I agree with him w/o any hesitation.We got married after 2 weeks of conversation.He came to my friend's house and ask my hand from them.My friends were trying to disagree about it because they said it's too quick.But I don't listen because for me,I believe that these is all God's plan.This man is for me.He comes on the right time.He marry me without any hassle.No premarital agreement.He put me on his bank account and everything and then he filed me a I-130 to the USCIS.And he also work in the hospital and he is more specialize than the other guy.He is also more responsible than him.And now,my heart is change.How can I not love him if he loves me more than I thought?I am completely in love with him now.I don't know,my feelings from the other man is just vanish completely especially everytime I think what e have done to me .

Now,I am just waiting for the approval.I don't know if they gonna approve it or what.I hope they will..They already sent us a reciept on May 29,2008....that's all i need to know about..if someone out here who has the same situation of me,please share and tell me if I am doing the right thing.I also need to know,if i should go back home,while my application is pending so that I will not face the banning.Just share..thanks for reading.God be with us all~

you need to go back in the philippines...There was a vj member who married another petitioner she went back to the philippines while waiting for visa. She was put to fraud unit in us embassy in manila but she still got approved and now living happily with her husband here in the usa. God bless you and take care.

[Rexie 0]

Hello bmtrrt..What is the story of this vj member all about? does she came in US for k 1 visa and the k1 won't work out and she marry other man here?

[Mike&Cherry 45]

This thread was created by the OP Boyage in 2008 who seems to be long gone. Now another VJ memeber by the name of Rexie has added a post here on this really old thread. Rexie has also made similar threads to this one, but the stories details are altered and are not consistent.

http://www.visajourney.com/forums/topic/286322-k1-visa-to-k3-visa-spouse-visa/page__gopid__4340812

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

This is a dead thread.

Edited December 10, 2010 by Mike&Cherry

[Loolie 56]

This thread was created by the OP Boyage in 2008 who seems to be long gone. Now another VJ memeber by the name of Rexie has added a post here on this really old thread. Rexie has also made similar threads to this one, but the stories details are altered and are not consistent.

http://www.visajourney.com/forums/topic/286322-k1-visa-to-k3-visa-spouse-visa/page__gopid__4340812

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

This is a dead thread.

oh thats weird, i didnt read the other post thats why because its another flag and not philippines. But anyway, since the op is in a bad situation its better to give some help so she can move on and be happy too.

the vj member before went to usa as k1 i guess I cant remember... and then it didnt work out so she married another guy here in usa. I dont know about the marriage license though because the manila embassy will take the nso copy so maybe they will take the MC from the usa too. When she had her interview in manila embassy she was put in the fraud unit. the fraud unit is the one who will investigate you if the marriage is real or not. they will interrogate you for how many hours and keep asking you the same questions so as to know if you are really true to the guy or you married the guy in a good faith. Im not sure if you will be put in fraud unit too but I guess you will coz you married another guy in a very short time after you met him. Thats why, it will be better if you go back to the philippines and just wait for your interview than stay in the usa because your illegally staying here now. Whatever your reasons and intentions are God is there to see it. So if you are meant to be with the one you love now just be strong and dont give up whatever will come your way but if not then just move on and wait for the right time again.

[Loolie 56]

oh thats weird, i didnt read the other post thats why because its another flag and not philippines. But anyway, since the op is in a bad situation its better to give some help so she can move on and be happy too.

the vj member before went to usa as k1 i guess I cant remember... and then it didnt work out so she married another guy here in usa. I dont know about the marriage license though because the manila embassy will take the nso copy so maybe they will take the MC from the usa too. When she had her interview in manila embassy she was put in the fraud unit. the fraud unit is the one who will investigate you if the marriage is real or not. they will interrogate you for how many hours and keep asking you the same questions so as to know if you are really true to the guy or you married the guy in a good faith. Im not sure if you will be put in fraud unit too but I guess you will coz you married another guy in a very short time after you met him. Thats why, it will be better if you go back to the philippines and just wait for your interview than stay in the usa because your illegally staying here now. Whatever your reasons and intentions are God is there to see it. So if you are meant to be with the one you love now just be strong and dont give up whatever will come your way but if not then just move on and wait for the right time again.

oopss...sorry I wasnt paying attention with the dates...hahahahaha...anyway whatever. rexie I didnt read your problem if your problem is the same with boyage then this is my answer. hehehehe.

[Rexie 0]

Okay thanks, I greatly appreciated your message bmtrrbt, Unlike the other people they just want to put down the other people. Anyways thanks I have the same situation above. I'm not illegal here yet since i marry the other USC i have a waiver stated that i still have 180 days from the time we got married. One of the senator's lawyer help my husband and me to do the immigration things and everything and i hope this will work out. About what you says if i married my man in a good faith of course yes and it's a real feelings of mine but then It's God's well and he holds everything so i will submit everything to him and just pray for everything and hoping this will workout.Godbless..

Okay thanks, I greatly appreciated your message bmtrrbt, Unlike the other people they just want to put down the other people. Anyways thanks I have the same situation above. I'm not illegal here yet since i marry the other USC i have a waiver stated that i still have 180 days from the time we got married. One of the senator's lawyer help my husband and me to do the immigration things and everything and i hope this will work out. About what you says if i married my man in a good faith of course yes and it's a real feelings of mine but then It's God's well and he holds everything so i will submit everything to him and just pray for everything and hoping this will workout.Godbless..

[Boiler 45,947]

No such thing as a 180 day waiver.

You need to go home and start again.

Edited December 10, 2010 by Boiler

[VanessaTony 3,567]

Okay thanks, I greatly appreciated your message bmtrrbt, Unlike the other people they just want to put down the other people. Anyways thanks I have the same situation above. I'm not illegal here yet since i marry the other USC i have a waiver stated that i still have 180 days from the time we got married. One of the senator's lawyer help my husband and me to do the immigration things and everything and i hope this will work out. About what you says if i married my man in a good faith of course yes and it's a real feelings of mine but then It's God's well and he holds everything so i will submit everything to him and just pray for everything and hoping this will workout.Godbless..

You're not illegal but you have overstayed, meaning you are now ignoring the terms of your visa. Marrying this other man does NOTHING to protect your status. You can NEVER do anything to stay in the US on your current visa. You NEED to leave and come back on another visa.

There is no such thing as a "180 day waiver". This lawyer is taking you for your money. This will NOT work out. You will spend a lot of money and probably stay long enough to get a ban and eventually you will learn you should have listened to us.. but that won't be till you're out thousands of dollars, fly back to the Philippines (or Mongolia. wherever you're from) and need a waiver to overcome the 3 or 10 year ban you've got now.

If you don't trust me that you're overstaying your visa, telephone ICE at 1-866-347-2423 and tell them your story. Tell them your address and look forward to their visit hauling you off to detention and then deporting you. Or simply ask them about your situation and don't give your details, you'll find out we're right. Or if you're too scared to do that, call another QUALIFIED immigration lawyer and see what they say.

Alternatively you could read here:

- http://www.workpermit.com/us/family_visas/fiancee.htm "Your fiancé(e) also must marry the K-1 petitioner (you) and no one else in order to remain in the US."

- http://www.portlandindian.com/portland/immigration-k1-Visa.asp "5. If your fiancé marries someone else instead of you, then she will need to leave the US"

Or if those aren't official enough for you:

- http://travel.state.gov/visa/immigrants/types/types_2994.html "You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States."

- http://usimmigration.visapro.com/K1-Fiance-Visa.asp "You will marry the petitioning U.S. citizen within 90 days of entering the U.S."

There are of course many more. You should also have been told when you got the visa that you can marry ONLY the petitioning USC in order to remain in the US on that K1 visa.

Edited December 10, 2010 by Vanessa&Tony

[belinda63 3,041]

Roxie come back in a year and let us know how the CR-1 process is going.

It is not a hired attorney she is referring to, her husband went to the senator's office to file her AOS and someone there informed him she had to go home and start the K-3 process. He also probably stated something like she could stay 180 days past the I-94 without needing a waiver.

Edited December 10, 2010 by belinda63