help.

[Kathryn41 3,205]

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?

She can never qualify to file a refugee claim to Canada after arriving in the US on a K-1 visa. Canada and the US have an agreement that any individual who enters the US first cannot file a refugee claim in Canada - they have to file in the US, and any individual that enters Canada first cannot file a refugee claim in the US - they have to file in Canada. She has no grounds to claim refugee status in either country and such a claim would not be accepted by either country.

Edited December 18, 2010 by Kathryn41

[visajourneyuser1 0]

How lightly she could get a Canada visitor, or temporary resident visa from the Canada in her current situation? She is Vietnamese citizen and has K1 visa stamp on her Vietnam passport. She keeps on telling me she is in Canada now. She left me about 18 days now.

[JimVaPhuong 4,863]

How lightly she could get a Canada visitor, or temporary resident visa from the Canada in her current situation? She is Vietnamese citizen and has K1 visa stamp on her Vietnam passport. She keeps on telling me she is in Canada now. She left me about 18 days now.

Why does it matter? What do you intend to do if it's true? What do you intend to do if it's not?

[visajourneyuser1 0]

just curious about it, at least she was once my fiancee.

[juliava 80]

I don't think she has any chance to get her Canadian tourist visa approved. She needs to prove that she has reasons to return home or back in US at the end of that visa and she has none. Think about it:

1. Can she prove that she would return to her home country??Well, she just got approved a K-1 visa to marry an American and settle in America - so obviously she has no more reasons, no ties to her home country to guarantee that she is going back.

2. Can she prove that she would return to US?As I understand K-1 is a one-entry type of visa, therefore if she leaves US she can not re-enter back. Plus, the clock is ticking really fast right now, as she is getting close to the 90-day limit and she still hasn't married you yet. Canadian authorities know all these when they adjudicate her visa application.

Based on all the above - I don't believe she is in Canada legally or she might not be there at all. And if she entered illegally, she will have a miserable life and she will end up deported. Being an illegal alien in Canada is worst than being one here in US.

Edited December 18, 2010 by juliava

[visajourneyuser1 0]

Why Being an illegal alien in Canada is worst than being one here in US?

[visajourneyuser1 0]

hi, recently, as i mentioned my fiancée left and she told me she went to Canada. She did not tell me how she got into Canada. I don't know was she really there or not. A few days ago she called me said she wants to come back to the US and get married with me. what should i do at this point. She made me don't trust her anymore by left me for a month. Now her K1 visa have a few weeks to expire. She sounds like just trying to beg me to help her get the green card. Advice please thanks.

[Kathryn41 3,205]

If she has left the US as she says, then she is not able to re-enter the US. The K-1 is good for a one time entry only. If you enter the US on a K-1 visa, then leave after entering the US and do not have either a green card or an Advance Parole, you will not be allowed back into the US - even if you are married. She has lost her chance to get married on a K-1 visa - she abandoned that chance once she chose to leave the US. The only option now is to start all over again from the very beginning - and I strongly recommend against that. You can't help her get a green card now - she closed that door when she left the US. If she re-enters the US illegally - without inspection - then she is not eligible to adjust status from within the US and is deportable - even if she is married to an American.

It sounds to me like she has discovered some immigration 'home truths' - that it isn't enough just to come to the US, but that she needs to get married to you - no one else - and apply for a green card before she is allowed to stay. She used you as a means to get here and then abandoned you, only later finding out that she acted prematurely and still needs you to help her stay. She has also discovered that she has no grounds to immigrate to Canada either and will not be allowed to stay in Canada - that she has to go back home or the US. She doesn't have the option to go back to the US, though - she gave that up when she left the US. She 'may' be able to get the K-1 re-validated but the only way to do that would be by going back to the Consulate that issued it to her in the first place, convincing them that there is a valid reason why she left the US without fulfilling the terms of the K-1 and on the remote chance that they agreed to revalidate it, it would only be for the length of time still left on the K-1. Please do not 'rescue' her from her situation - she has committed visa fraud and is trying to continue to commit visa fraud. You don't deserve to be treated like that by anyone. You know this - it is why you do not 'trust' her.

In all honesty, this woman has treated you terribly. You put your heart into this relationship and she walked all over it. As hard as it is, you need to let her go. Her desire to marry right now has nothing to do with you and everything to do with getting a green card. If you did go through with a wedding, it would be more money and heart ache and she would still leave you once again - only this time you would be financially committed to support her for an unspecified period of time that could last the rest of her or your life (at the worst). Do you really want to submit yourself to that? You may also open yourself up to charges of conspiring to assist someone to commit visa fraud or committing visa fraud yourself and find yourself in serious legal difficulties. Let her go. She made her choices - she now has to deal with the consequences, as uncomfortable for her as they may be. If she had any real feelings for you you this whole situation would never have come up in the first place.

Edited December 25, 2010 by Kathryn41

[nickbits 43]

She entered on a k1 and left? She can't come back without a new visa.

Also don't marry someone you don't trust.

[Penguin_ie 5,997]

***** moving from K1 to Effects of Major Family Changes on Immigration Benefits forum as that is the correct forum for this issue *****

Her K1 expired the moment she entered the USA the first time. Next step then is to get married within 90 days.

If she truly is in Canada, she cannot return on the K1; you would need to petition for her again for another K1, or go up there, marry her, and petition for a spousal visa.

After all that happened, do you really want to do that?

[Inky 1,111]

Dont answer her calls. Dont talk to her! block her number. She just wants a green card from you.

[visajourneyuser1 0]

how do i send her back to her country?

Edited December 25, 2010 by visajourneyuser1

[Kathryn41 3,205]

Duplicate posts on the same topic have been merged. Do not start a whole new thread to discuss the situation when you already have another one going strong on the same topic. You have received lots of good advice on how to handle this situation. A new thread isn't going to change that information.

_________________________________

You do not send her back to her home country. You let her deal with the mess she has created on her own. You can report to USCIS or ICE that she enter the US on a K-1 visa and left shortly after her arrival telling you she didn't want to get married and then tell them that she has left the US and you are not going to be marrying her. If she has indeed left the US she will not be allowed to enter legally so there is no need to 'send her home'. If she enters illegally, she will be deported once ICE finds her - again you can help them by telling them where she is, but you do not send her home if she doesn't want to go - that is up to ICE to do. If she willingly wants to go home you can be a 'nice guy' by buying her her plane ticket. Marrying her will now will not allow her to re-enter and remain in the US without starting the immigration all over again from the beginning. Let her go.

Edited December 25, 2010 by Kathryn41