Some real advice please

[eclowjpd 0]

The wheels came of on the first relationship. I can buy this. As for you meeting another guy that you already want to marry, this is total bull, or you are seeing this person through rose colored glasses because you want to stay in the U.S. My advice, first, think about do you really want to spend your life with this guy, or do you just want a way into the U.S. It's going to get ugly if you are just trying to immigrate, and married to someone that you don't really love. Second, if you are sincere about this, get a good immigration attorney.

[zyggy 9]

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.

You guys may not like it, but I think that everyone is entitled to a "life happens" clause. I met my (now) husband in March '05, and we married in June '05. Three months - is that an automatic fraud indicator? Because we're still happily married over a year later. I was engaged to another USC when we met, although I was working out of the US on a C1/D visa rather than being here as a K1. Was I just looking for a green card, any USC would do? No. I found two individual men who both happened to be American citizens.

Sometimes things work out differently than you plan, so be a little gentle.

Sorry Christina.. the INA is clear.. she is only eligible to get permanent residency via AOS through marriage to the original K1 petitioner. If she waishes to marry someone else, she will have to leave the US and enter the US and get issued another status. Since she is Filipino and has already had a K-visa issued, the only way she's going to get a visa into the US in a reasonable period of time is with another K visa of some type.

As Yodrak insinuates, there is only one other way that she can get permanent residency without leaving the US. But I'm going to leave that for an attorney to spell out...

Edited September 8, 2006 by zyggy

[nancy100 0]

Hi Everybody,

After reading through many posts here earlier and now, I can understand why some of you feel the way you feel about my situation. Maybe I shoul have explained in detail about our intentions. I did not want so many of you to get angry for no reason.

It is very natural sometimes for two people to be in love and want to get married as quickly as we want to. I never intended to "catch someone" or did not even think I can meet anyone so quickly after being in a failed relationship.

However, this is as the situation is, and in fact, we are also ready to wait out the time required for me to go back to manila and apply for K3 visa. My now fiance and soon to be husband is not able to come and stay with me because he has a good job here and he can only come for visits. We are only trying to find out if there is a way we can avoid me going back to Manila, however if we cannot find a good way, we will ahve no other choice but for us to get married now, and for me to go back, or for my husband to come to manila and for us to get married there. I understand this. The only reason why I am asking this question now is, because I do not want to stay here illegally after 90 days if we do not have a good chance of staying together.

So, again, I please ask all of you to accept my apologies for making all of you feel so angry and I ask the ones who can, to please give me advice what, if any, way we can remain together....It is mainly after reading all your posts and going through the wait myself that I am not sure I will be able to go through such a wait again, with so much heartache, that I ask this...It may not be fair to others who are waiting, but all we can do is try....

Yodrak, you have suggested some other option other than me going back. Can you please elaborate.....

[zyggy 9]

Hi Everybody,

After reading through many posts here earlier and now, I can understand why some of you feel the way you feel about my situation. Maybe I shoul have explained in detail about our intentions. I did not want so many of you to get angry for no reason.

It is very natural sometimes for two people to be in love and want to get married as quickly as we want to. I never intended to "catch someone" or did not even think I can meet anyone so quickly after being in a failed relationship.

However, this is as the situation is, and in fact, we are also ready to wait out the time required for me to go back to manila and apply for K3 visa. My now fiance and soon to be husband is not able to come and stay with me because he has a good job here and he can only come for visits. We are only trying to find out if there is a way we can avoid me going back to Manila, however if we cannot find a good way, we will ahve no other choice but for us to get married now, and for me to go back, or for my husband to come to manila and for us to get married there. I understand this. The only reason why I am asking this question now is, because I do not want to stay here illegally after 90 days if we do not have a good chance of staying together.

So, again, I please ask all of you to accept my apologies for making all of you feel so angry and I ask the ones who can, to please give me advice what, if any, way we can remain together....It is mainly after reading all your posts and going through the wait myself that I am not sure I will be able to go through such a wait again, with so much heartache, that I ask this...It may not be fair to others who are waiting, but all we can do is try....

Yodrak, you have suggested some other option other than me going back. Can you please elaborate.....

That is for you and your attorney... if you want to find out, you going to have to have a consultation...

[no name 1]

That is for you and your attorney... if you want to find out, you going to have to have a consultation...

took the words right outta my mouth!

[chuckandkim 0]

chuck and kim,

This is not true. She has 90 days of authorized stay in the USA whether she marries her petitioner or not.

Yodrak

.... your K-1 visa status is only good if you marry him within 90 days, otherwise you will be out of status and a ban may be triggered upon this "misused" of your K-1 Visa.

....

chuck and kim

I always understand that K-1 Visa is issued to the beneficiary to enter the US for a very specific purpose: get married within 90 days to the petitioner who applied the I-129F. Her K-1 LEGAL status is good for 90 days. The 90 days clock starts ticking the moment she enters POE, so get married or stay illegally after the 90 days. I don't know or even care if there is any other option that may be availabale to her to stay here. The fact here is she would be lying and misused her K-1 Visa to marry anyone other than her K-1 Petitioner. Folks on VJ work their @$$ off to get a visa for their lovers to come and get married to them. This case smells funny and it is Illegal to misuse K-1 Visa.

Maybe, I should be more specific: "your k-1 status is legal, if you marry your petitioner within 90. After 90 days without married the petitioner, you're out-of-status and remain here ILLEGALLY, a ban may be triggered upon your future entry to the US." Still wrong?

[eclowjpd 0]

I think you can stay the 90 days, then you're out of status.

Hi Everybody,

After reading through many posts here earlier and now, I can understand why some of you feel the way you feel about my situation. Maybe I shoul have explained in detail about our intentions. I did not want so many of you to get angry for no reason.

It is very natural sometimes for two people to be in love and want to get married as quickly as we want to. I never intended to "catch someone" or did not even think I can meet anyone so quickly after being in a failed relationship.

However, this is as the situation is, and in fact, we are also ready to wait out the time required for me to go back to manila and apply for K3 visa. My now fiance and soon to be husband is not able to come and stay with me because he has a good job here and he can only come for visits. We are only trying to find out if there is a way we can avoid me going back to Manila, however if we cannot find a good way, we will ahve no other choice but for us to get married now, and for me to go back, or for my husband to come to manila and for us to get married there. I understand this. The only reason why I am asking this question now is, because I do not want to stay here illegally after 90 days if we do not have a good chance of staying together.

So, again, I please ask all of you to accept my apologies for making all of you feel so angry and I ask the ones who can, to please give me advice what, if any, way we can remain together....It is mainly after reading all your posts and going through the wait myself that I am not sure I will be able to go through such a wait again, with so much heartache, that I ask this...It may not be fair to others who are waiting, but all we can do is try....

Yodrak, you have suggested some other option other than me going back. Can you please elaborate.....

[zyggy 9]

chuck and kim,

This is not true. She has 90 days of authorized stay in the USA whether she marries her petitioner or not.

Yodrak

.... your K-1 visa status is only good if you marry him within 90 days, otherwise you will be out of status and a ban may be triggered upon this "misused" of your K-1 Visa.

....

chuck and kim

I always understand that K-1 Visa is issued to the beneficiary to enter the US for a very specific purpose: get married within 90 days to the petitioner who applied the I-129F. Her K-1 LEGAL status is good for 90 days. The 90 days clock starts ticking the moment she enters POE, so get married or stay illegally after the 90 days. I don't know or even care if there is any other option that may be availabale to her to stay here. The fact here is she would be lying and misused her K-1 Visa to marry anyone other than her K-1 Petitioner. Folks on VJ work their @$$ off to get a visa for their lovers to come and get married to them. This case smells funny and it is Illegal to misuse K-1 Visa.

Maybe, I should be more specific: "your k-1 status is legal, if you marry your petitioner within 90. After 90 days without married the petitioner, you're out-of-status and remain here ILLEGALLY, a ban may be triggered upon your future entry to the US." Still wrong?

Prima fascie, it may smell funny.. but once all the details are exposed it may not be... and we know very little... That's why a consultation with an immigration attorney is imperative...

[blackpanther 0]

may you find a good way to solve your problem soon. you're in big trouble young lady

[john_and_marlene 162]

Wow. This thread is a good example of so many people spouting misinformation without basis. For those of you that have been corrected ... please be more careful in the future. If you don't know for sure maybe your advice is unwarranted. Don't feel compelled to give an answer if you don't know the correct answer.

[CarolineM 0]

Funny the ONE thing that caught her eye out of ALL These posts was Yodrak saying there is a way she could stay...

NOT any of the posts about CONSULTING A QUALIFIED ATTORNEY!!!!

[chuckandkim 0]

one needs to stay, will find the way! Really, legal or not legal, she can stay here, have babies and run into some church in Chicago for refuge... So, why not!

[SirLancelot 1]

one needs to stay, will find the way! Really, legal or not legal, she can stay here, have babies and run into some church in Chicago for refuge... So, why not!

I'm curious... just a hypothethical here... if she finds an innocent schumuck to impregnate her and over stays illegally until her child is born, will she have a defense to stay in this country as the child is born--and the child having been born in the US is a US citizen. Can she claim she has the right to stay here as her child is a US citizen and a mother needs to be with a newborn baby. Has this defense been used successfully in the past? Yorak?

[bebop + rocksteady 0]

I've been reading this post, and I just wanted to say to the OP that I hope you find a way to get to wherever you need to be in your life to be truly happy. And I second the have a consultation with a well-respected lawyer. They can give your more clear and educated advice than those of us who know little to nothing about your case can.

Cass (bebop the great)

[kitkat1 5]

She won't have any defense to stay in the country - just having a USC child (or husband) doesn't help until the child is 21 is can petition for the parent. The woman in Chicago will end up being deported in my opinion.