not following the 90 day rule for the K1 visa

[C-ma'am 684]

i agree with you guys as well that's why i want to make it clear and show my friend that what they are planning is going to be a big mistake,

here's the thing, the reason why they won't get married is a completely different issue, which somehow i do understand

it is not about the visa or whatever, it's about the man's pension,

its okay if you disregard this, but im still going to explain why they had to think of this kind of decision(not marrying right away)

the man was previously married to a, well let's just say a wealthy woman before, now since those two got divorced even before the guy met his fiance now,

he was advised(by people around him, i believe, and people from the SSS, not completely sure where he got the information, anyway..) that he cannot marry until he's retired or else he would lose the part of the pension he will get from his previous wife, and his pension will decrease in amount. the estimation was $3000-$5000 every month(if i remember right, that was the agreement on the divorcement thingy). as i was saying, yeah that big, let's be honest, we cant find money like this anywhere, and this couple arent really that rich. life's hard, and the money would help them for the future expenses, most of all expenses for the baby. ITS ANOTHER ISSUE ABOUT MONEY. (sad to say).

now, this is why i need your guys help more. i see their point of waiting, but its just hard to convince my friend since a part of this is true.

if they go back, it would take another 8 years before they can get the approval for re-entry again..

helpppp. what do i tell my friend. what do you guys think??

ps: do you guys know anything about that SSS law? or know anything regarding pensions?

The way I see it, it's easy. Now that you can tell them exactly what would happen, they have two options:

A) Get married as per the requisite of this visa

B) Not get married and live with the consequences

Whatever they decide, it's their choice, and theirs ONLY.

Do I think what they are doing is stupid? Yes, ABSOLUTELY. But this isn't my life

[Harpa Timsah 13,258]

Why doesn't he move to her country and live together? Maybe he can get a visa there.

[christinetanjanco 0]

Why doesn't he move to her country and live together? Maybe he can get a visa there.

cause he would earn more here than in her country

[Boiler 46,144]

If he is really talking about such large numbers which I doubt then he can afford compotent legal advice.

[Linds&Youssef 56]

Not sure what country the fiance is from, but let's just assume for argument's sake that we're possibly talking about someone from the Philippines (since that's where your own situation appears to be based and we might reasonably assume this is a friend from your home country). You said the man gets $3K - $5K per month from his ex wife... I can't imagine that he couldn't live on that in the Philippines. So what could possibly be the problem with him going there? Okay, so he won't make as much money in the Philippines as he can here in the US. He's got the money from the previous marriage plus whatever he can make there. There must be something else going on here. Either way, it's unfortunate that he's letting his ex-wife rule his life even after divorce. It also seems likely (at least from my limited perspective) that your friend is dealing with a situation in which the man is more worried about his money than the woman that he "loves". Unfortunate. In any case, using the K1 to come to the US with the intent to not marry within the 90 days is a blatant misuse of the visa and its intended purpose--which is to help those of us who really do want to get married, rather than to offer a way into the US for people who otherwise can't get here on other merits. IMHO, this couple should have respect enough respect for the system and those of us suffering through it for the right reasons to not take up the consular office's time with their misrepresentation.

[evelyn1140 18]

K1 is the fiance visa and K2 is for the child included in that petition right?

i just want to know, what happens if the couple do not get married within the 90 days and overstays in the US.

they have until the first week of july 2012 to get married but they decided not to, atleast not yet.

but they still do plan to get married in the US 6 years from now.

(by the way, they are already in the US)

the couple has been together for 15 years now,

the guys is a US citizen, the woman who filed for the k1 visa has an 19 year old son. in 2010 she gave birth to another baby boy who was born in the Philippines but since the dad is a us citizen, the baby automatically became a us citizen as well.

now, what will happen if they over stay without getting married as advised by the us embassy?

will their 19 year/o son still be able to go to a college or a university? study?

can they still apply for a green card and citizenship if they get married after 6 years? if they overstayed?

i talked to a lawyer before and he said that if the woman and her 19 yearold son overstay,

the worst that can happen is, the immigration would come looking for them and they will get deported and will be banned forlife, or 10 years, i cant remember..

anyway,, if they do get married after 6 years, the woman will still be able to apply for the greencard and citizenship

but the son is not included in that application anymore since he would be 25 by then

is that true?

if the son chose to go back to the Phil, and leave his mom here in the US, would the 10 year ban still appply to him?

will he have a problem in the future when he files for another travel back to the US?

i really need your help guys, im trying to clear this out with my friends.

actually there is a reason why they do not want to get married yet but, for now, i just need the answers to these questions

i hope you guys could help me...

I don't understand if your friends were not ready. Then why applied for the k-1? some people are so lucky. I am waiting to start a life with my husband who still in administrative processing and they have the opportunity to be together and they don't take it.

Edited May 20, 2012 by evelyn1140

[NigeriaorBust 4,087]

If you are refering to a divorced spouses ability to draw benefits based on the ex spouses contributions then your friend is in for a suprise. As soon as he married he is no longer able to claim more . So he can wait the extra years ( which he may have to do because he is also unable to collect until the ex is at least retirment age ) but when he married the benefits from the ex die. In the mean time your friend isn't building up anything for herself. No schooling , no work , no time towards being a USC. And if she is unable to get suffient time in toward benefits in her own "account" she will hit old age and not be able to get medicare to cover medical expenses which would more than wipe out the gain of collecting off the ex. And unless she is his wife he can easily show her the door and trade her in on something younger in a few years and there isn't much she could do other than head back home. It seems she is buying into his greed and risking her own stability.

[JimVaPhuong 4,863]

The son will have the biggest issues. The K2 only gives him valid status in the US for the 90 days , so he will NOT be able to attend school or any of that. Once the mother gets married they will have to apply for the I130 ( for both the mom and son ) but the son will be facing a 10 year bar and because the marriage takes place after the son is 18 he isn't the stepson of a USC. There is no waiver for the ban so he will have that to face. If he is deported there is another waiver. The mother will NOT have valid staus without marriage so no school , no drivers lic. Should the intended husband die the mom and son are totally messed up. All around this is a reallystupid idea.

This is the biggest factor. The wife will be able to adjust status even if they marry after 90 days, but an I-130 petition will be required. The US citizen husband will not be able to submit an I-130 petition for the son because the marriage occurred after he was 18. Only someone who qualifies as an immediate relative of a US citizen can adjust status if they are out of status. The son's only chance of adjusting status is if they marry within 90 days. Since he entered the US as a K2 he will not be able to adjust status any other way - not even if he marries a US citizen.

[EvilSquee 7]

If you are refering to a divorced spouses ability to draw benefits based on the ex spouses contributions then your friend is in for a suprise. As soon as he married he is no longer able to claim more . So he can wait the extra years ( which he may have to do because he is also unable to collect until the ex is at least retirment age ) but when he married the benefits from the ex die. In the mean time your friend isn't building up anything for herself. No schooling , no work , no time towards being a USC. And if she is unable to get suffient time in toward benefits in her own "account" she will hit old age and not be able to get medicare to cover medical expenses which would more than wipe out the gain of collecting off the ex. And unless she is his wife he can easily show her the door and trade her in on something younger in a few years and there isn't much she could do other than head back home. It seems she is buying into his greed and risking her own stability.

If it's just Social Security he won't be entitled to anything from his ex once he remarries (http://www.ssa.gov/retire2/divspouse.htm). For a pension there should be a qualifying domestic relations order (QDRO - http://www.dol.gov/ebsa/faqs/faq_qdro.html) or anything he was awarded isn't legally enforceable anyways if the ex remarries or dies. If there's a QDRO then it should be paid regardless. If it's alimony payments ordered from the divorce then they will cease when he remarries. I could be mistaken (not a lawyer!) but it seems likely that they have nothing to gain and everything to lose.

[speed007 0]

i agree with you guys as well that's why i want to make it clear and show my friend that what they are planning is going to be a big mistake,

here's the thing, the reason why they won't get married is a completely different issue, which somehow i do understand

it is not about the visa or whatever, it's about the man's pension,

its okay if you disregard this, but im still going to explain why they had to think of this kind of decision(not marrying right away)

the man was previously married to a, well let's just say a wealthy woman before, now since those two got divorced even before the guy met his fiance now,

he was advised(by people around him, i believe, and people from the SSS, not completely sure where he got the information, anyway..) that he cannot marry until he's retired or else he would lose the part of the pension he will get from his previous wife, and his pension will decrease in amount. the estimation was $3000-$5000 every month(if i remember right, that was the agreement on the divorcement thingy). as i was saying, yeah that big, let's be honest, we cant find money like this anywhere, and this couple arent really that rich. life's hard, and the money would help them for the future expenses, most of all expenses for the baby. ITS ANOTHER ISSUE ABOUT MONEY. (sad to say).

now, this is why i need your guys help more. i see their point of waiting, but its just hard to convince my friend since a part of this is true.

if they go back, it would take another 8 years before they can get the approval for re-entry again..

helpppp. what do i tell my friend. what do you guys think??

ps: do you guys know anything about that SSS law? or know anything regarding pensions?

I pity the new spouse to be. Once you divorced a husband or a wife, the husband or the wife will get a divorce pension-and this will be based on the salary of any of the partners who are earning more. So if the divorced wife earns more money, the husband's divorce pension will be based here and he will receive a little bit less as what his wife is receiving. This is the problem with divorced US citizens in the Philippines or elsewhere- they won't get married because if they re marry the divorced pension will disappear-- live- in its possible or bf or gf but not marriage.. why should one re marry if at the end it could not give him more or equivalent amount as to the divorced pension he is going to receive. But if HE TRULY LOVES HER, PLS PUT THE MONEY ASIDE... ..Don't tell me that after retirement he can still get the same amount if he remarries ?? Go SS online and read on topics about divorce and benefits because I believe that once you remarry the divorce pension will disappear..

Edited May 20, 2012 by speed007

[TnJ 131]

This is just not a good idea at all. The visa has LAWS governing its use. These are not simple rules that one can bend if need be. It is quite simple. You either meet the requirements of the laws to have the privilege of using a K-1, or you don't. If there is something in your life hindering you from meeting the requirements of the laws, the ONLY OPTION is to get it taken care of before you move on. You don't just decide at leisure what you are going to do with this visa and how it can work for you. This is infuriating and absurd.

[speed007 0]

I am not sure if I am correct but try to go to the SS online stuff- because I've read (I am just recalling) that once a divorcee remarry and divorced again- the pension I think will be based on the marriage of a divorced partner that earns more.. so probably he still can get the amount worth for him because his spouse to be may not earn a lot...but he need to divorced his spouse to be after marriage... well this is VJ and am sharing what I read and remember- but want you to further look into this by reading the SS Laws.

Edited May 20, 2012 by speed007

[belinda63 3,047]

If it is a benefit of his ex's social security he is referring to, which I doubt since that can't be awarded in a divorce action, he loses all of it as soon as he remarries, doesn't matter if he remarries at 35, 65, or 85, when he remarries it stops. IF he has been divorced (from new spouse) for more than two years he qualifies to draw on his own SS, or any of his ex's, depending which is biggest. (double check on the ss government website).

Since you refer to this being part of his divorce action it is probably her pension it is referring to which is separate from SS. This would be dependent on the terms of the Court Order and if it says he loses it if he remarries, etc. So for this he would have to actually read the Order. In my case there is no reference to me losing the benefits if I remarry since they were something I obtained an interest in from being married to my ex.

To the root of the issue. What he is planning to do to this woman and child is very unfair. To ask them to wait six years or longer (or forever if they have a falling out) to obtain any sort of legal status in the US is wrong. And as stated previously the child will be SOL even if they marry later. This poor woman probably thinks she is going to come here, marry, and live a life of luxury when in fact she will not be able to drive, work, etc., she will have to keep her status secret from any friends she may have, etc. What he is planning to do is selfish and illegal.

[Enigma11561 336]

Lets get the terminology straight.

Alimony is when one spouse gives money to another upon a divorce and that typically ends when the receiving person gets married again.

A pension is money paid to a person, typically from the company he/she worked for, as retirement money, and typically lasts for their lifetime. It can only be given to the person who worked for that company.It cannot be transferred.

Social Security or SS is government money and is given only to the individual who worked here, and is based upon age, prior years of employment and is only given to the person who retires. It cannot be transferred.

It sounds like, and I could be wrong, that this person is receiving alimony and this was the arrangement from the divorce and will last for 6 more years, then it will end. If this is the case however, then once he got married it should end in any event.

[EAbbas 213]

It's possible it could be a 401k from her job... when I divorced years ago I was given a QDRO and gained half of my ex husbands 401k... In NC you have to split everything in half including debt even if your not making the same so I got half the debt making 5 times less and half of his 401k which I can't draw until 59 1/2 but can liquidate and/or roll over if need be not accruing the 10 percent penalty but only paying taxes only on the liquidation not the roll over ...if it was just a regular 401k not QDRO then the 10% penalty would apply for liquidation (per my financial advisers advice)

If that be the case it is HIS.. period... it doesn't stop when he remarries... but I do know of a customer who just retired and is separated and his wife and children living apart from him DO receive SS benefits because he is retired

I did find this info... http://www.ssa.gov/retire2/yourdivspouse.htm

This kind of thing just really crawls me.. im sorry but it does... they have been given a chance for their happy ending and yet they are trying to get around the rules and requirements to fit their own needs when ppl like me just want to be together and yet we get stuck in the process waiting.. I would NEVER take for granted that my husband came here.. I would grab that opportunity and live life to the fullest appreciating the fact we were together and following the requirements and rules to the T so that we could continue our lives...

Edited May 20, 2012 by EAbbas