HELP PLEASE ASAP!!!!

[JimVaPhuong 4,863]

You have the answer for her already.

She cannot marry the new guy. She needs to go back home. If she does marry the new guy (regardless of how they met) she is breaking the law and therefore, could (and very likely) will be subject to deportation with a wonderful 3 or 10 year ban.

Geez, no! This isn't true. She can marry anyone she wants, anytime she wants to. Entering with a K1 visa doesn't make it illegal to marry someone else. It just means she won't be able to adjust status and get a green card. She won't be deported unless she overstays and ICE gets their hands on her (which is unlikely), and she won't get a ban of any kind unless she overstays by 180 days or more. She can marry her new boyfriend and leave the US before her I-94 expires, and she won't have broken any laws. Getting a spousal visa based on the marriage - that's another story...

I have a question that maybe the other more senior members would know the answer. Can she get married, then go back home and do a CR-1? Just a thought... She'd stil have to go home, but the relationship would be more concrete.

I don't want to invite judgement of whether it's "OK" with her prior fiance and that relationship recently over, just wondering about the legality of the situation.

Yes, this would be perfectly legal. The biggest problem she'll face is trying to prove the relationship is legitimate at the CR1 visa interview. If someone enters the US with a K1 visa, the petitioner subsequently dies, and the beneficiary marries someone else, all before the I-94 has expired, that would literally scream sham relationship to most consular officers. Most people would be emotionally wrecked after their fiance died, and wouldn't be ready for another relationship, much less marriage, for a long time. I'm sure this situation is going to smell like a boatload of rotten fish to the CO.

[MIke n Heather 8]

So the Fiancé passed away and she has been staying in the U.S illegaly now u mean ..? since she only has 90 days to actually get married when she after the P.O.A... or has she found someone else since the passing of her fiancé within those 90 days ?? seems weird to me..

[Philwithlove 17]

Geez, no! This isn't true. She can marry anyone she wants, anytime she wants to. Entering with a K1 visa doesn't make it illegal to marry someone else. It just means she won't be able to adjust status and get a green card. She won't be deported unless she overstays and ICE gets their hands on her (which is unlikely), and she won't get a ban of any kind unless she overstays by 180 days or more. She can marry her new boyfriend and leave the US before her I-94 expires, and she won't have broken any laws. Getting a spousal visa based on the marriage - that's another story...

Yes, this would be perfectly legal. The biggest problem she'll face is trying to prove the relationship is legitimate at the CR1 visa interview. If someone enters the US with a K1 visa, the petitioner subsequently dies, and the beneficiary marries someone else, all before the I-94 has expired, that would literally scream sham relationship to most consular officers. Most people would be emotionally wrecked after their fiance died, and wouldn't be ready for another relationship, much less marriage, for a long time. I'm sure this situation is going to smell like a boatload of rotten fish to the CO.

i dont want to be judgmental too but finding another guy to marry your friend after her fiance died within 90 days of her stay doesnt prove any legitimate relationship in both the original fiance and the new guy.

in my opinion, if the new guy likes her and if she likes the new guy, she needs to go back home. wait a year or so and then file a new petition. So, when the uscis made a background check, they wont doubt the intention of going to the US.

[bigdog 377]

Exit and start over, do not overstay. Especially if the new man is the real deal.

[InHisTime 110]

Hello! Well, sorry to hear about your friend. Please tell her the good advices of VJs here. Never ever break immigration law. If the guy really loves her, then he will find legal ways to bring her to the US. Tell her NOT TO RUSH, go back home and see if this guy is still interested. She should take it one day at a time. If our intention is real, then God will bless the desires of our hearts. There is always HOPE. God bless to both you.

[Laure&Colin 558]

I have a question that maybe the other more senior members would know the answer. Can she get married, then go back home and do a CR-1? Just a thought... She'd stil have to go home, but the relationship would be more concrete.

I don't want to invite judgement of whether it's "OK" with her prior fiance and that relationship recently over, just wondering about the legality of the situation.

They certainly could legally apply for a CR1 but given the circumstances of their meeting, I doubt any CO would believe the marriage was a real one...

[Hank_ 9,174]

She has been suffering from grief and then has met another. Sometimes grieving people bond. I wouldn't wish this on anyone, but if in this darkness she found some good then I hope for the best for them. God Bless

Yes, grieving people are very vulnerable, time for extra caution as the emotions are out of wack. I hope when she returns home she takes some time...

As to the question, she has to return home. Start the process over.

[favored 31]

this is the kinda of post that the VJ moderator people need to be reviewing or even deleting.. yes, no one wants to judge or offend if its real, but if it smells bad, it is bad.. why would you have people responding/aideing post thats so suspicious as this? instead the moderators are going around deleting and removing other comments... riduclous..

let me guess, maybe when the OP's "cousin" said passed away, they really don't mean died, right... just that the person moved along and she ran into someone else... OP, when did ur cousin meet the new guy? was it at the wake-keeping or the funeral or when she was place flowers by the grave? real relationships are getting stuck at embassies...

Edited March 6, 2012 by favored

[toma1 10]

Geez, no! This isn't true. She can marry anyone she wants, anytime she wants to. Entering with a K1 visa doesn't make it illegal to marry someone else. It just means she won't be able to adjust status and get a green card. She won't be deported unless she overstays and ICE gets their hands on her (which is unlikely), and she won't get a ban of any kind unless she overstays by 180 days or more. She can marry her new boyfriend and leave the US before her I-94 expires, and she won't have broken any laws. Getting a spousal visa based on the marriage - that's another story...

Yes, this would be perfectly legal. The biggest problem she'll face is trying to prove the relationship is legitimate at the CR1 visa interview. If someone enters the US with a K1 visa, the petitioner subsequently dies, and the beneficiary marries someone else, all before the I-94 has expired, that would literally scream sham relationship to most consular officers. Most people would be emotionally wrecked after their fiance died, and wouldn't be ready for another relationship, much less marriage, for a long time. I'm sure this situation is going to smell like a boatload of rotten fish to the CO.

Very good post!

Summary for the OP: It is legal to get married, and she could overstay by 180 days, but if she does so it might very well cause problems for her in the long run.

[pushbrk 13,168]

She has been suffering from grief and then has met another. Sometimes grieving people bond. I wouldn't wish this on anyone, but if in this darkness she found some good then I hope for the best for them. God Bless

This has probably already been made clear but I'll do it again anyway. This woman cannot become a permanent resident by way of the marriage to the new man except by leaving the USA and starting over again, either as fiancee or spouse. Nothing prevents them from marrying in the USA though. If she overstays her 90 days or already has, that's another can of worms that could cause her second visa process to be denied and require a waiver filing. Best to act soon. Leave the USA before the 90 days or leave ASAP if already past the 90 days. Then start a new process.

[Ban Hammer 13,637]

several judgmental posts removed. as op's question was answered by pushbrk and JimVaPhuong, thread closed to prevent further judgmentalism.