help.

[Kathryn41 3,205]

She has to have legal status in Canada and have entered legally in order to become a permanent resident. If she is illegal, she has no means of staying in Canada except to file for refugee status. As she was in the US first, through an agreement between US and Canada, she is not allowed to file a refugee claim in Canada - she has to file it in the first country she came into - which is the US.

She can marry someone in Canada and apply to remain in Canada, but it is almost certain that her application would be denied due to her illegal entry. All she is qualified for is time in a deportation center and a trip back 'hone'. Marriage does not protect her from her illegal entry.

Edited December 15, 2010 by Kathryn41

[visajourneyuser1 0]

what if she remains in the US even her K1 visa expired for long enough to make her qualify to a refugee claim to Canada?

[yohino 22]

So, you are actually the female in this situation, aren't you? And trying to figure out how to be legal in Canada now that you have realised that you can't get a GC in the US (didn't do your homework?).

I higly doubt anything you do from here on, except to return to you country of origin, can make you legal.

[visajourneyuser1 0]

no, i m not the female in this situation. i am her fiance. she left me for over a 15 days now. She did not tell me when she is. now i m here to try to figure out all potential steps she might take to make her dream come truth without me.

[JimVaPhuong 4,863]

no, i m not the female in this situation. i am her fiance. she left me for over a 15 days now. She did not tell me when she is. now i m here to try to figure out all potential steps she might take to make her dream come truth without me.

If it was really her intention to try to seek asylum in Canada then she picked one of the most difficult routes to get there by going up against the US consulate in HCMC for a K1 visa. It would have been easier to stowaway on a creaky fishing boat and then make an appeal at the Canadian Embassy in Hong Kong.

I understand your concern after being burned by her, but it will eat you up trying to think of every possible way she could be trying to get legal status in the western world. Don't do this to yourself. Lick your wounds, let them heal, and then get on with your life. She'll get her just rewards in due time. Karma has a way of biting back - HARD!

Are you Viet Kieu, by any chance?

[visajourneyuser1 0]

I am viet kieu.

[visajourneyuser1 0]

she refuses to let me know her present location. I dont know will she leave the country after the K1 visa expired, or remain in the US, or try to escape to Canada? Thats why I want to figure that out. any help would be appreciated

[ATPEACE 43]

File a missing person report with your local police dept, ASAP.

[visajourneyuser1 0]

how that works?

[ATPEACE 43]

how that works?

Go down to your local police station and ask them to file a missing person report for you. That's how that work. If someone is missing for 15 days then you should have done this on day 3. You are all ready 12 days late.

[yohino 22]

no, i m not the female in this situation. i am her fiance. she left me for over a 15 days now. She did not tell me when she is. now i m here to try to figure out all potential steps she might take to make her dream come truth without me.

Alright,sure.

Then you shouldn't be to worried, just send a letter to USCIS once her I-94 is expired and tell them you have not and will not marry her and then it's not your problem anymore.

She won't be able to obtain legal status in the US, and most likely not in Canada (don't have that much knowledge on Candian immigration laws) since she will have entered illegaly.

Get on with your life, she'll be either illegal or on the way back home soon.

[SunDrop 59]

she refuses to let me know her present location. I dont know will she leave the country after the K1 visa expired, or remain in the US, or try to escape to Canada? Thats why I want to figure that out. any help would be appreciated

You're torturing yourself trying to figure it out. I appreciate it's very frustrating and hurtful, and you're seeking to understand what the heck is going on.

The simple fact is that unless she marries you before her I-94 expires, she has no way of gaining a legal status in either the US or Canada, on the back of this visa.

You haven't married her, you are not bound to her legally in any way. The only thing you can do is notify ICE when day 90 arrives and you're not married.

I'm sorry about your experience, and wish there were words that could bring you even a little consolation.

[visajourneyuser1 0]

one more thing to be worried about is she might try to file claim abuse against me. i m just assuming she might. she can make up story and thing like that. if she really does, will i be notified by the USCIS on her action? should i do something ahead to protect me from her claim?

Edited December 16, 2010 by visajourneyuser1

[JimVaPhuong 4,863]

one more thing to be worried about is she might try to file claim abuse against me. i m just assuming she might. she can make up story and thing like that. if she really does, will i be notified by the USCIS on her action? should i do something ahead to protect me from her claim?

Could she file an abuse claim? Yes. Will it have any effect on her immigration status? No. She didn't marry you, so she can't adjust status and get a green card with a claim of abuse. That doesn't mean a claim of abuse wouldn't seriously wreck your life, though. Don't be alone with her, and don't marry her.

[Kathryn41 3,205]

Inappropriate comments have been removed. If you have nothing constructive to add to the discussion then please do not post anything at all.