k-1 and may get deported

[vett 6]

Hi vj, i have a situation that i need someone to shed some light on, my friends are in a spot. they have been together for 8yrs and have a 6yr old son together. the male is the USC and he filed for a fiance visa for the female (they are both my friends)however it's been about 5months now since they moved to the us, and has been married for 3 months. my friend (the male)just found out from my friend (the female) that she does not love him anymore.so he accused her of marrying him only for the green card, because he said it's obvious that she knew that she was no longer in love with him way before they got to the US. so now he is threatening to have her removed.but my friend thinks she has a case since they been together so long and also have a son together. she also says she has emails that another woman wrote him while they were married, so she can prove that he is the reason the marriage dissolved. however she hasn't even gotten her conditional green card as yet.she did her biometrics and got her work permit, but they have not been scheduled for an interview for the actual green card as yet. do you think there is a way that she can stay in the US based on the above story? in other words do you think she has any case at all?

am so worried about them, they have been my friends for so long, i thought they would have grown old and grey together. it's so sad, especially for the little boy.

thanks guys.

[pushbrk 12,994]

Hi vj, i have a situation that i need someone to shed some light on, my friends are in a spot. they have been together for 8yrs and have a 6yr old son together. the male is the USC and he filed for a fiance visa for the female (they are both my friends)however it's been about 5months now since they moved to the us, and has been married for 3 months. my friend (the male)just found out from my friend (the female) that she does not love him anymore.so he accused her of marrying him only for the green card, because he said it's obvious that she knew that she was no longer in love with him way before they got to the US. so now he is threatening to have her removed.but my friend thinks she has a case since they been together so long and also have a son together. she also says she has emails that another woman wrote him while they were married, so she can prove that he is the reason the marriage dissolved. however she hasn't even gotten her conditional green card as yet.she did her biometrics and got her work permit, but they have not been scheduled for an interview for the actual green card as yet. do you think there is a way that she can stay in the US based on the above story? in other words do you think she has any case at all?

am so worried about them, they have been my friends for so long, i thought they would have grown old and grey together. it's so sad, especially for the little boy.

thanks guys.

Does she have her green card yet? If not, he can prevent her from obtaining it but cannot "have her removed". If she doesn't obtain a green card, she won't be a legal resident.

[DarlingNikki 7]

Hello there OP! As your friend (female) arrived in the US on a fiancee visa, with intentions to marry, it is plausible that this may be held against her. If the USC is no longer willing to file for her, and she has not received her green card as yet, she technically has no grounds for staying in the US. He can not have her removed from the country. But his unwillingness to continue proceedings with her will prevent her from her claim to the immigrant status she arrived on. Basically, if there is no relationship, there are no grounds for her admittance into the US. Therefore, even if she remains in the US her status will not be legal.

[vett 6]

thanks guys...and NO she does not have her green card as yet. so i guess the best thing for her would be that she voluntarily leave and come back home right? and if she does, can she enter the us again based on a CR1 visa, or any other visas? because she will be leaving her son behind, and of course she will want to visit him at some point.

[Minya's wife 25]

thanks guys...and NO she does not have her green card as yet. so i guess the best thing for her would be that she voluntarily leave and come back home right? and if she does, can she enter the us again based on a CR1 visa, or any other visas? because she will be leaving her son behind, and of course she will want to visit him at some point.

why would she be leaving her son behind?

[LIFE'SJOURNEY 970]

thanks guys...and NO she does not have her green card as yet. so i guess the best thing for her would be that she voluntarily leave and come back home right? and if she does, can she enter the us again based on a CR1 visa, or any other visas? because she will be leaving her son behind, and of course she will want to visit him at some point.

A CR1 is a spouse visa, so unless she marry another USC then this visa is not plausible. She can try to obtain a tourist visa.

[pushbrk 12,994]

why would she be leaving her son behind?

Presumably because either the father has custody or she prefers her son remain in the USA. These are choices for her to make based on her own criteria and circumstances. We haven't been asked for advice on that matter but it is one of some extreme significance, isn't it?

[Minya's wife 25]

Presumably because either the father has custody or she prefers her son remain in the USA. These are choices for her to make based on her own criteria and circumstances. We haven't been asked for advice on that matter but it is one of some extreme significance, isn't it?

But as of the time of this original posting, the couple in question is still married, therefore having joint custody of their child. The question of custody would be decided at the time of divorce....but I guess I just cannot see a mother of a 6 year old minor child 'preferring' that he remain in the US without her, especially if she has no sure way of returning. I wonder how the child entered the US...as a K-2 or as the child of the US citizen father.

[LIFE'SJOURNEY 970]

But as of the time of this original posting, the couple in question is still married, therefore having joint custody of their child. The question of custody would be decided at the time of divorce....but I guess I just cannot see a mother of a 6 year old minor child 'preferring' that he remain in the US without her, especially if she has no sure way of returning. I wonder how the child entered the US...as a K-2 or as the child of the US citizen father.

B/C the mother views that the child will have better opportunies in the US rather back in Jamaica. This is not a rare situation for mothers in Jamaica. It is her choice.

[happywife 4]

she could stay in usa because they got married. the fiance visa not exsists any more. if she can provide she is faithful to their marriage she could get her green card by herself.

did they send out the green card application? if yes,she will get her GC.

[pushbrk 12,994]

she could stay in usa because they got married. the fiance visa not exsists any more. if she can provide she is faithful to their marriage she could get her green card by herself.

did they send out the green card application? if yes,she will get her GC.

The above is not correct. First, green card applications are not sent out. They are sent in by the applicant. The applications must include an I-864 affidavit of support from the original petitioner/spouse.

The situation you're speaking of would be correct if she had the two-year (conditional) card and got divorced. She then could remove conditions on her own.

[SunDrop 59]

Moving from K-3 process and procedures to AOS - Family Based Visas, as this is a query about Adjustment and has never been a K-3 visa.

[Krikit 1,164]

Moving from AOS Process to Effects of Major Changes. (Sorry for the additional move, OP.) I'm also going to try to edit your subject title as it should state K-1 and not K-3.

[Casprd 167]

Since they are already married and have already filed for the green card, I'm assuming the AOS has already been filed. May be best for your friend to speak to an immigration attorney to see what her options are.

[vett 6]

why would she be leaving her son behind?

well she would be leaving him behind because he is an american citizen (born abroad to us parent) and the father says he would not sign the affidavit that would allow her to take him out the US.

A CR1 is a spouse visa, so unless she marry another USC then this visa is not plausible. She can try to obtain a tourist visa.

o.k thank you, but i doubt they would be willing to issue a tourist visa to her since she clearly tried to immigrate. but then again she might have a chance if she can prove that she will be coming back home. thanks again.

Presumably because either the father has custody or she prefers her son remain in the USA. These are choices for her to make based on her own criteria and circumstances. We haven't been asked for advice on that matter but it is one of some extreme significance, isn't it?

yes it is. because the child is a us citizen( born abroad to a us parent) and the father says he will not sign any document allowing her to leave with the child.