Some real advice please

[Yodrak 7]

Caladan,

No, it is not fraud. Staying more than 90 days will put her out of status, but it is not fraud.

Yodrak

SirL,

Staying over 90 days is fraud, and you'll note, if you read my whole post, that I did tell her that she needs to return to avoid being fraudulent. .....

[no name 1]

and VJers wonder why this board is so ####### lately?

Becuase of questions like this. Beacuse of wrong answers like those in here.

[gugu24 0]

lol well she asked for advice and advice can either be known facts or opinions unfortunatly she got mine. it's her life. if she messes it up or succeeds then whatever. i have my own life to live and with a clear conscience

[Caladan 19]

I misspoke -- 'an overstay is problematic in and of itself and overstaying without marrying could be construed as fraudulent intent' -- is probably closer to what I meant.

In any case, asking a question on a board is about as fraudulent as my mother's friends asking 'So, he just has to come here and he's an automatic citizen then, right?'

Edited September 8, 2006 by Caladan

[GaryC 7]

From the USCIS web site:

Background

If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.

Source: http://www.uscis.gov/graphics/howdoi/fiance.htm

That should put the debate to rest.

[Yodrak 7]

ChristinaM,

Yes, if nancy marries her new beau he can file an I-130 petition for her. But I believe that she cannot apply for adjustment of status during her current entry to the USA on any basis other than marriage to the fiance who filed the I-129f petition that underlies her K1 visa. See 8 CFR 245.1(c )(6).

I agree with your suggestion that a consultation with an immigration attorney before she does anything is a very good idea.

Yodrak

....

To the best of my understanding, she can marry whoever she wants to and apply for AOS. She cannot do it based on the I-129F from her K1, but I don't believe she (or rather, her new husband) is prohibited to file an I-130 on her behalf. It would be more ethical for her to return to Manila and file for a new K1, or marry and wait out the K3, but I don't believe she cannot AOS. I would suggest very strongly a consultation with an competent immigration attorney before she does anything though.

.....

Edited September 8, 2006 by Yodrak

[SirLancelot 1]

Just to put the cat among the proverbial birds here...

To the best of my understanding, she can marry whoever she wants to and apply for AOS. She cannot do it based on the I-129F from her K1, but I don't believe she (or rather, her new husband) is prohibited to file an I-130 on her behalf. It would be more ethical for her to return to Manila and file for a new K1, or marry and wait out the K3, but I don't believe she cannot AOS. I would suggest very strongly a consultation with an competent immigration attorney before she does anything though.

Yes, she can do this, but I highly doubt she'll get her status changed. The adjudicating officer isn't blind or stupid. S/he can plainly see that Nancy entered into the US on a K-1 visa filed by another petitioner. All of a sudden, she's marrying a different guy. There is PLENTY here for the USCIS to deny her AOS.

[gugu24 0]

BRAVOOOOO!!!!

[SirLancelot 1]

ChristinaM,

Yes, if nancy marries her new beau he can file an I-130 petition for her. But I believe that she cannot apply for adjustment of status during her current entry to the USA on any basis other than marriage to the fiance who filed the I-129f petition that underlies her K1 visa. See 8 CFR 245.1(c )(6).

So she has to leave the country. She can't stay past her allowed 90 days or she becomes an illegal. Even if the new beau files for a I-130, she has to be out of the country.

[gugu24 0]

I really feel for her now. lets say we all chip in and get her a plane ticket

[a1cpat 0]

I came on a K1 visa to the US almost 3 months back. However, as soon as I came, me and my fiancee decided to not go through with our marriage. During our fights, I had moved to a friend's house and there I met a wonderful man and now we are planning to get married.

But, many people are telling me I have to go back to Manila to restart my fiance visa applcaiton on my new fiance's name. However, we really do not want to be apart and my fiance does not have the time to go to Manila with me for now. I know many people here do not like people like me who only want to immigrate but I can assure you I am not like that.

Please help me by giving me advice as to what is the possible way I can stay here with my new fiance. We are ready to get married immediately. But if required, we can wait if there is some other way. I will be contacting some immigration lawyer but not all lawyers are that good and we don't know whom to trust so I thought to ask here. Please help by letting us know of any method so that I do not need to go to Philippines right away.

You get no sympathies from me. Women like you are exactly why the USCIS and the Consulates have to be so critical and scrutinize everything with this process.

You are free to marry anyone you want. You can marry the new guy but you can't stay here after the marriage. You still have to go back. There is NO way you can stay here legally on the K-1 visa you obtained through the previous guy. NO WAY WHATSOEVER!

No matter how you slice it--or how your lawyer slices it--you need to go back and go through this process again. And it won't look good for you. You're going to have to sincerely prove that this new relationship is sincere and that you won't just breakup and find another guy yet again.

Not gonna happen...

[heishe 2]

No way, let's all chip in and buy ME a plane ticket. I miss my Pigu!

I really feel for her now. lets say we all chip in and get her a plane ticket

[a1cpat 0]

ooops! there was more! didnt all post for some reason.

I had said that its okay for the OP to have a new love, but should def. have to go through the process again...gotta play the game the same way the rest of us do.

[Lizzy 0]

You get no sympathies from me. Women like you are exactly why the USCIS and the Consulates have to be so critical and scrutinize everything with this process.

You are free to marry anyone you want. You can marry the new guy but you can't stay here after the marriage. You still have to go back. There is NO way you can stay here legally on the K-1 visa you obtained through the previous guy. NO WAY WHATSOEVER!

No matter how you slice it--or how your lawyer slices it--you need to go back and go through this process again. And it won't look good for you. You're going to have to sincerely prove that this new relationship is sincere and that you won't just breakup and find another guy yet again.

Hey, give the girl a chance *sigh*.

TO the OP, you will have to go and do the whole K1 one again. Good Luck.

Edited September 8, 2006 by Lizzy

[Yodrak 7]

Lizzy,

No, she does not. She can, but it's not her only option.

Yodrak

....

TO the OP, you will have to go and do the whole K1 one again. Good Luck.