a couple ?s

[abdoushoney 0]

hi

i am in love with a man who came to the us on a k1 visa. they broke up already even before he came to the us. and there is no way he will marry her. he came and thought he would be a tourist for awhile but we fell in love.

we are in love and i would like to marry him.

-- what happens when his 90 days run out and he is not married?

-- can we adjust status if we get married even if he got a k1 from someone else?

[xxxwabbiexxx 70]

When his 90 days is up he will be an 'overstayer' and he will be 'out of status' I believe - which is not good.

He can only adjust his status by means of marriage to the US citizen who applied for the K1 visa.

Also I'd like to point out that he entered on the K1 visa, having already split up with the fiance and just 'wanting to be a tourist' thats FRAUD because he will have been questioned at the point of entry on various aspects including when he was getting married etc and he more than likely will have been taken into seconds for more questions regarding his intentions of marriage and he will have out right lied to them.

If you don't mind me asking what country is he from?

Edited January 8, 2012 by xxxwabbiexxx

[together4evr 360]

Please do not get married any time soon. Look at the circumstances from others.

He came here knowing his fiance did not want him

He lied to someone to get himself in usa

It is very possible that he fell in love with you because you are available. It is slightly possible he feel in love with you becasue he loves you. He knows he needs someone to love him in order to stay in USA. Just look at his history. He lied at the border. He came here--not because of a girlfriend-he came so he could stay.

You will have a long road ahead of you if you marry him.

He needs to go home. You can apply for a fiance visa. But I believe his story will get him into some deep questions.

Good Luck

[Pitaya 2,577]

hi

i am in love with a man who came to the us on a k1 visa. they broke up already even before he came to the us. and there is no way he will marry her. he came and thought he would be a tourist for awhile but we fell in love.

we are in love and i would like to marry him.

-- what happens when his 90 days run out and he is not married?

-- can we adjust status if we get married even if he got a k1 from someone else?

He will have to return to his country after 90 days.

Are you the US Citizen petitioner of his K-1 Visa?

Refer to the Guides located at the top of the forum page for more information.

[ceadsearc 516]

He cannot stay. After 90 days he will be out of status and start accumulating time towards a ban. A K-1 is to get married, not to be a tourist. It sounds like he never planned to get married so he committed fraud. Be careful what you get yourself into.

The only way he can adjust is to return to his country before he incurs a ban and you file a new petition for him - either a K-1 petition or a CR-1 if you guys choose to get married before he leaves. His chances of being approved given his current situation are very low.

[abdoushoney 0]

i searched on this site, and it says bans can be "forgiven" if you are married to a us citizen. is this true? even if he overstays, as long as he doesnt leave the us, and we get married and apply for aos, we should be okay, right? i see lots of people doing this on these boards when they are changing over from student and tourist visas. is there somewhere that says a k1 is different? is there some sort of info on this right from the dept of state site?

it's sort of a messy and complicated situation. i met him in his country (i dont want to say where) and his visa was approved and then he broke up with his fiance.

anyway thanks for the advice. we dont want to commit fraud. we want to do things the right way even if it means he has to go back home for a new visa process. but if we can do it with him staying here it is best.

and no, we didn't apply together. he applied with his ex.

[abdoushoney 0]

ok, maybe it makes a difference.

i was on a fulbright to turkey last year. at the university, there was a man who was really nice and helpful and was a grad student in the department that my mentor is a part of. he was engaged to an american and sort of understood me and what it was like to be an american living abroad. since he was engaged, it felt safe to confide in him and we started talking and spending a lot of time together.

and then one thing led to another. he cried to me about how the distance with his fiancee was killing him. he asked my opinions about disagreements that they had. some of the things she wouldn't compromise with, some of the things he was finding hard to accept. and the process kept dragging out. we got really really close.

he had his interview, and i was really happy for him. i wanted him to be with his fiancee.

we got really close, really fast. and then things started happening and before we knew it, we were in love. its not what i wanted to happen but we just feel so right together.

and then, things ended between them right around the time that he got his visa. he didnt lie at the interview. he loved her-- i knew that from the beginning. he wanted to marry her. but it wasnt meant to be.

my fulbright ended, and i went back to the states. he came a few months later. he tried to make things right with his ex but it just didnt happen. i think he wanted to see her and to give her closure. so he came to me (she is in arizona, i am in maryland)and it was like a weight had been lifted. it just feels like the right thing for us to be together.

and i dont know what to do. hes here with me and i dont want to give that up. i want to spend the rest of my life with him.

[xxxwabbiexxx 70]

Yes people do adjust from student and tourist visa's because they can kind of show they had no intention of living here permanently, they just happened to fall in love.

Your man came on a K1 visa so he cannot deny that he wants to live here, he may have come with tourist intentions but the fact is he came on a visa that has immigration intention. This is how the USCIS look at it, he has committed fraud there is no two ways about it.

Here are some things to think about, is he from a less economically developed country, did he suggest you get married, did he hint which then made you suggest marriage (making it look like your idea), is he younger, are you in different leagues with regards physical appearance, would you marry an American after knowing them for such a short amount of time?

I'm not trying to be rude here I'm speaking to you like I would any friend of mine. And like 'togetherforever13' pointed out he needs you to stay here.

If its a genuine relationship and he loves you, then I would advise

1) he leaves and they you file for a K1 visa for him - this will allow you to develop on your relationship through visits etc, which will also provide a stronger case for the USCIS which you will need and which you don't currently have.

2) you get married here in the USA, he leaves and returns home and then you file for spousal visa.

[KayDeeCee 4,896]

i searched on this site, and it says bans can be "forgiven" if you are married to a us citizen. is this true? even if he overstays, as long as he doesnt leave the us, and we get married and apply for aos, we should be okay, right? i see lots of people doing this on these boards when they are changing over from student and tourist visas. is there somewhere that says a k1 is different? is there some sort of info on this right from the dept of state site?

it's sort of a messy and complicated situation. i met him in his country (i dont want to say where) and his visa was approved and then he broke up with his fiance.

anyway thanks for the advice. we dont want to commit fraud. we want to do things the right way even if it means he has to go back home for a new visa process. but if we can do it with him staying here it is best.

and no, we didn't apply together. he applied with his ex.

Yes, there is a difference with the K-1. He is only able to adjust status if he is married to the woman that petitioned him for the K-1. He cannot enter on a K-1 engaged to the petitioner, then not marry her, marry another woman and adjust status. It doesn't work that way. To adjust status from a K-1, you must be married to the US citizen that petitioned you. Not just any old USC will do.

If they were already split, he should not have used the K-1 to enter the US in the first place. The K-1 is one time entry visa used for the sole purpose of a fiance(e) entering the US to marry the US citizen fiance(e) within 90 days. There is nothing "tourist" about it. He was wrong to enter the US with it knowing he was no longer engaged to the petitioner. The petitioner should have informed the USCIS that their relationship was over and had it withdrawn before he could use the K-1 to fraudulently enter the US with it.

He must leave before his I-94 expires. He should not be in the US in the first place, so I do not think he should overstay as well. I am not sure why you think it is ok and want him to.

If you 2 truly want to get married and be together now, then you need to file a K-1 petition for him and have him go through the whole K-1 process for a fiance visa again, only with you this time, or get married and file for a spousal visa. Either way, he needs to leave and go back to his country and he should do so before his I-94 expires, like now.

[together4evr 360]

Please understand you might have issues with petitioning him. Especially if he is from a high fraud country like Morocco or Egypt.

You both had a "relationship" while he was engaged. Yes, it might have been a friendship and you fell in love during the friendship and he was not in love with the fiance he came to usa to NOT be with.

[ceadsearc 516]

A K-1 can only adjust through marriage to the original petitioner. To adjust through you he must leave the country BEFORE he has overstated long enough for a ban. You must petition him for a NEW K-1. He must convince USCIS that he is NOT hunting for a green card, did NOT use his previous K-1 fraudulently or obtain it fraudulently (which it sounds like he did if he was already in a relationship with you at the time), and that you two have a legitimate relationship. Of course, showing evidence of how long you've known each other will only show he was with his fiancée at the time so that isn't going to look good.

He has NO WAY to adjust without leaving or to stay legally. He has almost no chance of getting a new petition approved. Perhaps you should consider moving to his country.

[VanessaTony 3,567]

K1 is different as others have said. If he doesn't AOS based on marriage to the woman the petitioned him then he can't stay. He can marry you but you can't AOS him and he'd have to leave to do the CR-1 visa.

You should also know that you will have EXTREME difficulty getting approved for a K1 or CR-1. He has many red-flags:

1. You met while he was engaged to someone else and processing a visa with them

2. He entered on a K1 visa from someone else then came to live with you

3. If you get married then he married you while in the US on a K1 to someone else. This indicates either fraud for the initial K1, or fraud for this relationship

4. If you get engaged and process the K1 right away how do you explain your relationship history?

You have to say how you met. His record states when he started the K1 for this other girl. You then admit you met while he was engaged to someone else and processing a K1. Again this says he either used the other woman to get the K1 to come and see/marry you, or he has you as "back-up".

There is too short a time between you meeting and petitioning him, not to mention him being in a relationship with someone else during all this. They won't believe that you just "comforted him". They will think he entered the US on the K1 even though he had no intentions of marrying his USC. It's just REALLY really messy. No-one here can say whether he's just using you, it seems plausible seeing how he used the other woman, so please be careful. Take your time.

Edited January 8, 2012 by Vanessa&Tony

[ceadsearc 516]

Agree with Vanessa and Tony. If you moving to his country isn't a viable option as I mentioned above, consider him returning to his country and you two maintaining a LDR with you visiting him from time to time for a couple of years and then petitioning him for a K-1 or CR-1.

[bigdog 377]

He should return to his country. You visit later if things are still good.

[jojolicious 38]

He should return to his country. You visit later if things are still good.

I agree. Take your time. Don't rush into anything