Woman with K1 visa wants to divorce and marry me

[DeeDee&Sam 68]

without being judgemental and risk my butt to be banned from the topic all i can say is get ready for a longgggggggggggggg and annoying process. if your new relationship works out without colateral damage it would be a miracle from heavens. and please don't use the vawa word people. he'll get ideas

[NY_BX 397]

Hello everyone.

So recently I sent a letter to the USCIS to withdraw my I-129F petition because my fiancee and I broke up.

Now my "adventures" continue and I am faced with new obstacles..

(just to make things clear... this new story has nothing to do with the above mentioned breakup)

I met a woman this year here in the US who is here on K1 visa and is married to a US citizen.

We have been talking for a few months and fell in love and now decided that we want to get married.

We are totally confused at this point because we don't know what is the best way to go about the divorce and our marriage because we don't want to have any problems.

She came over about 6 months ago on K1, got married to her fiance, and, from what I understand, does not have a green card yet.

We are trying to at least get a grasp on how complicated this will be and whether we will need an attorney to even consider doing something like this in the near future.

Any help greatly appreciated. Thanks.

In the risk of being banned, I must ask: what are you thinking?

This is a disaster in the making, for her mostly. Legally, financially, emotionally, on and on.... it'll be battle.

She needs to divorce, return and be petitioned by you. Prepare for a strong interview.

That's all I will say.

[NYYankees355 11]

Hello everyone.

So recently I sent a letter to the USCIS to withdraw my I-129F petition because my fiancee and I broke up.

Now my "adventures" continue and I am faced with new obstacles..

(just to make things clear... this new story has nothing to do with the above mentioned breakup)

I met a woman this year here in the US who is here on K1 visa and is married to a US citizen.

We have been talking for a few months and fell in love and now decided that we want to get married.

We are totally confused at this point because we don't know what is the best way to go about the divorce and our marriage because we don't want to have any problems.

She came over about 6 months ago on K1, got married to her fiance, and, from what I understand, does not have a green card yet.

We are trying to at least get a grasp on how complicated this will be and whether we will need an attorney to even consider doing something like this in the near future.

Any help greatly appreciated. Thanks.

Dont know if I would trust her loyalty, I mean you just met her right? And she just got married to someone who petitioned her. Doesnt sound like a good situation, not that USCIS would let it slide anyways, im sure red flags would pop up man

[madtownguy 164]

Wow I think people are trying to put their guy in the husbands shoes instead of answering with the simple facts. She will get a divorce, then you will get married to her and then you will file for residency through your marriage. I saw the same exact thing happen once and it was not a problem. They only make a person go back to their country if they cross the border illegally, she didn't do that. I'm not saying some uscis official could give you a hard time, but you can't help who you fall in love with I guess. She might do the same thing to you and as long as you realize that I guess go for it.

[Golden Gate 530]

Wow I think people are trying to put their guy in the husbands shoes instead of answering with the simple facts. She will get a divorce, then you will get married to her and then you will file for residency through your marriage. I saw the same exact thing happen once and it was not a problem. They only make a person go back to their country if they cross the border illegally, she didn't do that. I'm not saying some uscis official could give you a hard time, but you can't help who you fall in love with I guess. She might do the same thing to you and as long as you realize that I guess go for it.

She doesn't have her green card, and she can only get her green card through her husband, who is the one who sponsored her. She can not get the green card through the OP by leaving her husband and going with the OP. She must get it through the initial petitioner.

[JUNE LAGUERRE 28]

Wow!!!! Omg first I would make sure it Love plz take your time and make sure this is what you really want at the sametime this could get ugly with the Husband if you guys get caught I would stay away from her plz value you ur life you don't knw what kind of men this husband is..For all the time and money spent this husband could go wild and crazy unless she Run Away!!! Wow I mean can you not fine a single woman I knw u can try

[DandT14 272]

Have you ever considered just dating a person without proposing marriage to her? Trust me...dating can be really fun.

[C Med 14]

Here are the facts as you have already heard them.

1. She is going to have to divorce her current husband and go back to her home country.

2. You can then file a petition for her. If she takes the steps to divorce and leave the US before she receives her green card, she may have an easier time the second time around for the K-1 visa, but beware. It isn't going to be a straight forward process. A lot of questions will need to be answered, and if she had a relationship for a significant amount of time with the OP, is USCIS going to find your relationship of a few months more concrete? I don't know about that, but I do believe that you will have to provide a LOT of evidence to support your relationship.

But here's something that you may not have yet been told. If her husband finds out about the two of you, he could very well notify USCIS and have her charged with immigration fraud. Then she is in a whole world of trouble. Especially if that happens before she petitions for divorce. I would be very careful with this situation. There is a lot of potential for serious problems with immigration here. Whatever you decide to do, I wish you the best of luck.

[OnMyWayID 1,489]

I met a woman this year here in the US who is here on K1 visa and is married to a US citizen.

We have been talking for a few months and fell in love and now decided that we want to get married.

We are totally confused at this point because we don't know what is the best way to go about the divorce and our marriage because we don't want to have any problems.

She came over about 6 months ago on K1, got married to her fiance, and, from what I understand, does not have a green card yet.

We are trying to at least get a grasp on how complicated this will be and whether we will need an attorney to even consider doing something like this in the near future.

Any help greatly appreciated. Thanks.

There was a recent post from a woman (home country France) who has been here less than a year and cheated on her husband with another guy (who has since asked her to move in with him) and was wondering if she should wait get her GC or return home. This sounds a lot like the other side of the story..

..in any case, A marriage is not fraud because it does not work out and she may have come with the best of intentions.. It does not matter because she will never sell that story if there is another guy in the picture while she is still married.. As others have said she will need to return home.. I think in this particular case the system is going to end up saving you from yourself.

Edited September 6, 2012 by OnMyWayID

[QueenE 174]

Have you ever considered just dating a person without proposing marriage to her? Trust me...dating can be really fun.

Honestly you havent even known each other for more than 6 months and you were both just in a serious relationship! Why is marriage even the thing to ne discussing right now?!

[Johna 0]

Wow I think people are trying to put their guy in the husbands shoes instead of answering with the simple facts. She will get a divorce, then you will get married to her and then you will file for residency through your marriage. I saw the same exact thing happen once and it was not a problem. They only make a person go back to their country if they cross the border illegally, she didn't do that. I'm not saying some uscis official could give you a hard time, but you can't help who you fall in love with I guess. She might do the same thing to you and as long as you realize that I guess go for it.

Thank you. Can anybody else confirm that there is no risk in doing this?

Thanks everyone else for the advice. I am getting some good information about all the potential difficulties of the situation.

As for people saying that she cannot be trusted, I cannot reveal any personal information, but I will say that not everything always turns out the way it is planned.

Somebody said can't I just find another woman.. yes, I could go out and find a dozen right now without a problem. But then why not just marry the girl next door because it is convenient?

[epsonderby 85]

Thank you. Can anybody else confirm that there is no risk in doing this?

Thanks everyone else for the advice. I am getting some good information about all the potential difficulties of the situation.

As for people saying that she cannot be trusted, I cannot reveal any personal information, but I will say that not everything always turns out the way it is planned.

Somebody said can't I just find another woman.. yes, I could go out and find a dozen right now without a problem. But then why not just marry the girl next door because it is convenient?

I think there is an inherent risk in trying to make this work, at least in the short term and definitely with regards to the whole immigration issue. Nobody will confirm there is no risk for you. This is definitely not a situation that happens every day and seeking anecdotal evidence from strangers isn't likely to yield you anything firm to go on.

If you want to pursue this, I recommend seeking some kind of legal advice.

Are you not concerned that she's only into you because she wants to stay in the US and you represent a willing party to help that dream continue for her?

[OnMyWayID 1,489]

Thank you. Can anybody else confirm that there is no risk in doing this?

Thanks everyone else for the advice. I am getting some good information about all the potential difficulties of the situation.

As for people saying that she cannot be trusted, I cannot reveal any personal information, but I will say that not everything always turns out the way it is planned.

Somebody said can't I just find another woman.. yes, I could go out and find a dozen right now without a problem. But then why not just marry the girl next door because it is convenient?

This is not correct.. It is not an option.

Your options have been spelled out:

1) She can stay here illegally

2) She can continue the charade with the husband and get the GC, then bail.

3) The unmentionable VAWA

4) Divorce, go back home, start the process over again with you..

You already know which one is the right choice....

Edited September 6, 2012 by OnMyWayID

[Moomin 292]

Hello everyone.

So recently I sent a letter to the USCIS to withdraw my I-129F petition because my fiancee and I broke up.

Now my "adventures" continue and I am faced with new obstacles..

I met a woman this year here in the US who is here on K1 visa and is married to a US citizen.

We have been talking for a few months and fell in love and now decided that we want to get married.

Lets say this girl gets divorced, goes to home country, you start the immigration process(fiancee or spouse petition), a year later(plus/minus) she's back with you if approved. Meanwhile, you have signed an affidavit of support basically saying for the next 10 years(40 quarters of work), until you die or until she dies, you may or will be held financially responsible if she ever becomes a public charge. That's about the amount of trust you have to invest in her before jumping the gun on marriage.

If she's been here for 6 months and she divorces before AOS, she has an overstay. She will need a waiver for that, and she most likely cannot get a tourist visa because she already showed immigrant intent and because of the overstay. You're in for a long ride. If you're sure about it, go for it and invest in your future with this girl. But do some contemplating before anything else.

[Moomin 292]

Wow I think people are trying to put their guy in the husbands shoes instead of answering with the simple facts. She will get a divorce, then you will get married to her and then you will file for residency through your marriage. I saw the same exact thing happen once and it was not a problem. They only make a person go back to their country if they cross the border illegally, she didn't do that. I'm not saying some uscis official could give you a hard time, but you can't help who you fall in love with I guess. She might do the same thing to you and as long as you realize that I guess go for it.

Nnn.. no. A K1 cannot adjust status based on marriage to anyone else than the original petitioner.