Question for a friend

[The Heub's 0]

HI there people, let me explain the situation..I have a friend who is a US citizen, He has met a russian woman here in the states and she is currently on a K1 fiancee visa for a millionaire in Hawaii. She has said he was a drunk and did not want to marry him as she has finally met him. So she left that guy and has now moved in with my friend..and is talking about getting a visa to stay with him! My questions are is that possible? or does it have to be re-done as a new visa for them? I find it very weird they met once and she has moved in and i could see possible red flags for the immigration. Could anyone shed some light?

Thanks

[Harpa Timsah 13,258]

A K-1 recipient can only adjust based on marriage to the petitioner for their K-1. This is to stop this exact type of thing, where a K-1 gets a visa to marry person X and then once they get to the US they try to find person Y when person X doesn't work out (or that it was their plan all along). She can leave the country and your friend can petition her for a new K-1, but they cannot marry and adjust in-country. I suppose they could marry and she could go home and obtain a spousal visa. Either way, yes, there will be many red flags and added scrutiny, because when one relationship doesn't work out,instead of going home and chalking it up to a mistake, she stays in the US and tries to find another relationship to "fix" her status. Good luck.

Edited August 16, 2011 by Harpa Timsah