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Francis22

US Fiance died.. can she marry another person?

By Francis22 in Effects of Major Family Changes on Immigration Benefits

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Francis22 Newbie

Francis22   1

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Filed: Country: Philippines
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Can an individual marry someone else other than the petitioner of a Fiancé Visa? The US fiancé died before the marriage could take place although she was already here. She was here 4 weeks and he died of a heart attack. Does she need to go back home and start all over again with someone else?

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Robby999 Proficient

Robby999   1,024

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Filed: Lift. Cond. (apr) Country: China
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Can an individual marry someone else other than the petitioner of a Fiancé Visa? The US fiancé died before the marriage could take place although she was already here. She was here 4 weeks and he died of a heart attack. Does she need to go back home and start all over again with someone else?

No she can not marry someone other than the petitioner and yes she will have to go home! Sorry for the circumstances !

Edited by Robby999

Education is what you get from reading the small print. Experience is what you get from not reading it.



The Liberal mind is where logic goes to die!






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VanessaTony Grand Master

VanessaTony   3,567

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Filed: Citizen (apr) Country: Australia
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Can an individual marry someone else other than the petitioner of a Fiancé Visa? The US fiancé died before the marriage could take place although she was already here. She was here 4 weeks and he died of a heart attack. Does she need to go back home and start all over again with someone else?

As stated, yes she needs to go back home. Well correction, she can marry someone else but she can't adjust status based on this new person... it also won't look very good that she suddenly has someone else so soon. Ultimately she has no way to stay in the US legally so she needs to leave and IF she finds someone else then she can get that person to petition for her.

Sorry.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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Boiler Grand Master

Boiler   45,510

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Filed: K-1 Visa Country: Wales
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Excellent foresight to have a spare lined up just in case of this eventuality.

She can marry, she can not adjust.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Penny Lane Grand Master

Penny Lane   8,159

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Filed: Lift. Cond. (apr) Country: Canada
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Wait, the petitioner died and the beneficiary is already wanting someone ELSE to petition for her?

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ceadsearc Proficient

ceadsearc   516

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Filed: Lift. Cond. (apr) Country: Bolivia
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She can marry whoever she wants. She can never adjust her status, unless she returns home. If her fiance just died and she is already trying to find someone else to "start all over again" with, then she's almost certainly looking for a fraudulent marriage to get benefits from, and will probably be denied even if she does return home and "start over." She should return to her home country, period.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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raymaga Mentor

raymaga   25

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Filed: K-1 Visa Country: Canada
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I can't believe that anyone would be thinking of marrying ANYONE else after only 4 weeks?

Are you kidding me??????

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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Boiler Grand Master

Boiler   45,510

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Filed: K-1 Visa Country: Wales
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I can't believe that anyone would be thinking of marrying ANYONE else after only 4 weeks?

Are you kidding me??????

Her I 94 is only for 90 days, so time is not on her side.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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S and R Explorer

S and R   8

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Filed: IR-1/CR-1 Visa Country: Australia
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Hahaha! Sorry someone died but I just had to LOL. What a strange world we live in.

Sad story (sort of....) but this sounds like a case of 'anyone will do as long as they are USC". This is all happening while some of us wait for months for someone to let us know they have touched our files.

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