help.

[visajourneyuser1 0]

My fiance's K1 visa has a month before it is expired. Now she left me and we did not married yet. She told me she went to Canada already. She is Vietnamese have Vietnam passport on hand and with a almost expired K1 visa. Is this possible she can go Canada in her current statue? thanks

[coraliesolms 47]

I believe she would have needed the canadian equivilant of a visitors visa.

[Inky 1,111]

Yep Cora is right, she would of needed a visit visa to enter canada. Customs would have stopped her, detained her and likely sent her home or back to the US.

[pushbrk 13,067]

My fiance's K1 visa has a month before it is expired. Now she left me and we did not married yet. She told me she went to Canada already. She is Vietnamese have Vietnam passport on hand and with a almost expired K1 visa. Is this possible she can go Canada in her current statue? thanks

If she entered the USA with a K1 visa, it is dead and gone. It's expiration date is meaningless. She would have received an I-94 with an expiration date 90 days from her US entry. A Vietnamese citizen needs a visa to enter Canada but she wouldn't need your assistance to obtain one. I expect it would be pretty difficult though. Why does it matter to you? She's gone and it's over, right?

[visajourneyuser1 0]

I am afraid she lied to me about where she is. She is probably still in the US and lied about she went to Canada. I think she probably hide in the US even her K visa expired and remain in the US to find someone else to get married and adjust her statue.

[Kathryn41 3,205]

Here is a link to what she needs to submit to the Canadian Consulate in the US in order to obtain a visitor's visa (Temporary Resident visa) to Canada: http://www.cic.gc.ca...y-how.asp#step1 Do you think she is able to produce all of these? Especially the money? Here is a list of the necessary documents she needs to attach to the application: http://www.cic.gc.ca...ms/IMM5484E.PDF . The application itself requires a departure date http://www.cic.gc.ca...ations/visa.asp and http://www.cic.gc.ca...ms/IMM5257E.PDF . She needs to send her passport in with her request and in it they will see that her status in the US expires while she expects to be in Canada so they will almost definitely request proof of her flight back to Vietnam or proof she is eligible to return to the US - which she is not. Her application would take about a month to process if it was complete when submitted. I personally think that there are enough red flags in her situation that she would have a very difficult time getting a visa to Canada.

For what it is worth, if she entered the US on a K-1, she cannot adjust her status through anyone else but you. Even if she marries someone else she is not allowed to stay in the US. She must leave and start the immigration process all over again from the beginning. Her only legal way to remain in the US was to marry you and apply to adjust status. If that has not and does not happen, she has no other legal options (except filing a claim of abuse).

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moving from K-1 fiance visa process & Procedures Forum to Effects of Major Family Changes on Immigration Benefits forum as it is no longer a K-1 issue

Edited December 12, 2010 by Kathryn41

[JimVaPhuong 4,863]

I am afraid she lied to me about where she is. She is probably still in the US and lied about she went to Canada. I think she probably hide in the US even her K visa expired and remain in the US to find someone else to get married and adjust her statue.

It's distinctly possible she lied to you about going to Canada.

She apparently didn't do her homework. If she entered with a K1 visa then she can only adjust status if she marries the man who sent the K1 petition. There's no way she can adjust status by marrying anyone else.

[rlogan 2,036]

Well she isn't getting back in to the U.S. if she is in Canada.

And if she's in the U.S. she isn't going to have anyone else able to petition K-1.

She's probably going to have an attitude adjustment when she figures out she can't get a different sponsor. So you need to be thinking about her love of the green card vs. her love for you at that point.

[Mike&Cherry 45]

My fiance's K1 visa has a month before it is expired. Now she left me and we did not married yet. She told me she went to Canada already. She is Vietnamese have Vietnam passport on hand and with a almost expired K1 visa. Is this possible she can go Canada in her current statue? thanks

Sorry to hear that she has done this. Hopefully she doesn't go to the police to make false claims. May make your life miserable, but she still won't be able to get a green card using VAWA since she hasn't married you. You should call ICE to notify them in case she tries to pull something. She does seem very uncalculated. I have difficulty getting into Canada and I'm a USC, I don't believe that she got in so easy unless she trekked hundreds of miles into the woods. Don't worry that she will find someone else to marry to get a greencard or adjust her status. That's impossible, will never happen. The only person who can do that for her is you. Just becareful because when she realizes what she has done she will come back to beg you or play nice. Once she reaches the 90 day limit on the K-1 Visa marriage requirement, she is will be an illegal alien and it will make it absolutely difficult to return to the U.S in the future. If she doesn't leave the US, she will always be looking over her shoulder just waiting for ICE to catch her. I don't know the full details of why she left so I can't speculate what her plans and her next step will be. Take care.

[visajourneyuser1 0]

should I file a complaint ahead against her. Or is there anything i can do to help USCIS to catch her after her K1 expired?

[Indietro09 2]

Sorry for what you're going thru and thats a lie when she said she already went to Canada. She's done now and she can get ready to go back to VN. Just make sure that you'll be strong and do not fall into her trap if she ever go back and beg you . We dont need them ppl here.

[JimVaPhuong 4,863]

should I file a complaint ahead against her. Or is there anything i can do to help USCIS to catch her after her K1 expired?

She hasn't actually done anything illegal yet, and neither USCIS nor ICE are going to do anything until she does. Unless you have solid evidence that she perpetrated a fraud then there's not much you can tell USCIS that they're going to be interested in hearing. If you tell them she did a runner then they could assume she just got cold feet and changed her mind about marrying you. That's not illegal. Once her I-94 expires then you can notify them that you didn't marry her, and don't intend to, and give them her current address if you know it. After that, it's up to them to decide whether to do anything.

Be warned that she may get some advice from someone who actually knows about immigration law. In that event, she may contact you and insist that you marry her. Once you're married, even if it's after the I-94 has expired, then she would have numerous paths to get a green card, including accusing you of abusing her. Don't fall for it. Don't marry her under any circumstances.

[visajourneyuser1 0]

how lightly she can get any possible way to go to Canada in her current situation? She left me almost 15 days now.

[JimVaPhuong 4,863]

how lightly she can get any possible way to go to Canada in her current situation? She left me almost 15 days now.

Kathryn gave you the links to the sites that list the requirements to get a visa to enter Canada. We can't tell you how likely it would be because we don't know if she's got everything needed to meet Canadian requirements. Read the links she provided and decide for yourself.

[visajourneyuser1 0]

she told my mom she paid $3000 us dollars for someone for under table service who just took her walk through the Canada Vancouver border without anyone noticed. Is there such of service in the world? Isn't just that easy to walk through the Canada border?

Edited December 12, 2010 by visajourneyuser1