out of status in K1 visa

[jacksonville 4]

i am posting for a friend..she is now in the US on a K-1 visa but the fiancee changed his mind on the 88th day and decided not to marry. she is on her 4th month in the US. that means she is now out of status for one month..she now wants to go home so that aother K! visa would be filed for ehr by anotehr US cit...can the US immigration charge her of anything? can she be penalized for overstaying her visa? what effect can this have if another K1 visa will be filed for her by another US cit?

[Thomas&Cleofe 358]

If she would have been married within 90 days......THEN she would now be out of status. As it stands now, she is an illegal alien, subject to deportation at anytime.

I believe it will be much more difficult to be approved for a k-1 visa the 2nd time around, even though as you say, it wasn't her fault.

It would be best to voluntarily leave the US as soon as possible, to have the best standing with immigration.

[Aviator56h 6]

i am posting for a friend..she is now in the US on a K-1 visa but the fiancee changed his mind on the 88th day and decided not to marry. she is on her 4th month in the US. that means she is now out of status for one month..she now wants to go home so that aother K! visa would be filed for ehr by anotehr US cit...can the US immigration charge her of anything? can she be penalized for overstaying her visa? what effect can this have if another K1 visa will be filed for her by another US cit?

DAMN !! It must not have been a true relationship if this friend of yours already has another guy lined up (laughing). So much for true, honest relationships. sounds like she has a deferent agenda in mind. Sorry, I just cringe when I see the dishonesty in people.

[Anh map 2,098]

i am posting for a friend..she is now in the US on a K-1 visa but the fiancee changed his mind on the 88th day and decided not to marry. she is on her 4th month in the US. that means she is now out of status for one month..she now wants to go home so that aother K! visa would be filed for ehr by anotehr US cit...can the US immigration charge her of anything? can she be penalized for overstaying her visa? what effect can this have if another K1 visa will be filed for her by another US cit?

No, she should return home and keep trying.

[abner137 48]

DAMN !! It must not have been a true relationship if this friend of yours already has another guy lined up (laughing). So much for true, honest relationships. sounds like she has a deferent agenda in mind. Sorry, I just cringe when I see the dishonesty in people.

your not the only one who laughed when they read the OP........

[inlababo 1]

If she would have been married within 90 days......THEN she would now be out of status. As it stands now, she is an illegal alien, subject to deportation at anytime.

I believe it will be much more difficult to be approved for a k-1 visa the 2nd time around, even though as you say, it wasn't her fault.

It would be best to voluntarily leave the US as soon as possible, to have the best standing with immigration.

oh my!!!!

[Mogambi 96]

Wow. Always good to have a backup lined up I guess!

She has to leave before 180 days or else she's facing a 3 year ban right?

[aaron2020 11,651]

She is a visa overstay. There is no penalty until she overstay for 180 days. Once she accumulates 180 days of unlawful presence, she will receive a 3 years ban.

Really shady that she already has another US citizen willing to marry her. US Embassy will be looking at immigration fraud.

[Boiler 45,519]

Was this back up lined up before or after she obtained her current K1?

[Thomas&Cleofe 358]

I hope her back up lover knows about the first petitioner.....then it will be his fault when she screws him over also.

[Grant PDX 183]

People can be so harsh. The OP is asking about an immigration issues and people have to throw judgement in, based on their own issues. There was some good advice, but a lot of folks being pretty judgemental.

Take out the immigration issues from her situation and it's an EXTREMELY common situation. Boy and girl break up, boy and girl meet new people, frequently within weeks. She was probably devastated. People offered to help. For all we know she met some totally genuine guy, who offered to help and they made some emotional connection. Who knows if they would ever marry but with some emotional connection they don't want to throw away the possibility by making poor immigration decisions.

In my experience, filipinas are very emotional people. They become emotionally attached deeply and quickly. To say that during a time of a devastating issue someone coming to her rescue built an emotional bond quickly is immigration fraud is just nuts.

Give them a break. If you don't have help to offer, stay out of it. It's easy to throw stones but you have no idea what her real situation is. I know I've been judgemental in the past too, but I've learned that real life tends to throw curve balls.

Edit: Wow, on rereading the original post it doesn't even say there is already another guy. It just says asks what she would need to do now so that it was possible for her to be petitioned again in the future. Not that she already has someone lined up. Other people must be projecting their own issues.

By the way, wanting to marry someone from another country doesn't mean there is immigration fraud. So some filipinas like kanos... I happen to like filipinas, some guys like Ukranians, some like hispanics, some like Vietnamese... Just because they know what they want doesn't mean they are committing immigration fraud when they get it. And just about everyone who gets married has been in prior relationships. Some moved on quickly, some not so quickly. Don't judge, most of us wouldn't look so good if the mirror was held up to us.

Edited August 4, 2012 by Grant PDX

[Hank_ 9,174]

Had to give you a +1 on that.

[DavenRoxy 1,073]

Make that a +2.

To the OP... as was stated, she needs to go back to the PI. Technically, her petitioner is responsible to pay her way back home, and she should press for that. But that might be hard to make happen, unless she has a local friend to support her and insist that the guy who dumped her do right by her. Another option is to contact the CFO and see if she can get some help in returning to the PI. She needs to get home sooner rather than later to avoid the ban.

[TnJ 131]

People can be so harsh. The OP is asking about an immigration issues and people have to throw judgement in, based on their own issues. There was some good advice, but a lot of folks being pretty judgemental.

Take out the immigration issues from her situation and it's an EXTREMELY common situation. Boy and girl break up, boy and girl meet new people, frequently within weeks. She was probably devastated. People offered to help. For all we know she met some totally genuine guy, who offered to help and they made some emotional connection. Who knows if they would ever marry but with some emotional connection they don't want to throw away the possibility by making poor immigration decisions.

In my experience, filipinas are very emotional people. They become emotionally attached deeply and quickly. To say that during a time of a devastating issue someone coming to her rescue built an emotional bond quickly is immigration fraud is just nuts.

Give them a break. If you don't have help to offer, stay out of it. It's easy to throw stones but you have no idea what her real situation is. I know I've been judgemental in the past too, but I've learned that real life tends to throw curve balls.

Edit: Wow, on rereading the original post it doesn't even say there is already another guy. It just says asks what she would need to do now so that it was possible for her to be petitioned again in the future. Not that she already has someone lined up. Other people must be projecting their own issues.

By the way, wanting to marry someone from another country doesn't mean there is immigration fraud. So some filipinas like kanos... I happen to like filipinas, some guys like Ukranians, some like hispanics, some like Vietnamese... Just because they know what they want doesn't mean they are committing immigration fraud when they get it. And just about everyone who gets married has been in prior relationships. Some moved on quickly, some not so quickly. Don't judge, most of us wouldn't look so good if the mirror was held up to us.

You're right, but the way it was written did make me chuckle. I have to admit it, but I do agree with all you said.

[Boiler 45,519]

Make that a +2.

To the OP... as was stated, she needs to go back to the PI. Technically, her petitioner is responsible to pay her way back home, and she should press for that. But that might be hard to make happen, unless she has a local friend to support her and insist that the guy who dumped her do right by her. Another option is to contact the CFO and see if she can get some help in returning to the PI. She needs to get home sooner rather than later to avoid the ban.

The only situation I can think of that this applies is for certain work visa's.

Make that a +2.

To the OP... as was stated, she needs to go back to the PI. Technically, her petitioner is responsible to pay her way back home, and she should press for that. But that might be hard to make happen, unless she has a local friend to support her and insist that the guy who dumped her do right by her. Another option is to contact the CFO and see if she can get some help in returning to the PI. She needs to get home sooner rather than later to avoid the ban.

The only situation I can think of that this applies is for certain work visa's.