I dont understand

[Merrytooth 5,748]

Remember to contact ICE via email about his fraudulent intentions at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423.

[dhaiti20 3]

I don't understand why you are so confuse. He left without a trace, popped back up and demanded you to continue the process. Also to add insult to injury he told you to hurry up or divorce him so he can find someone else to marry for his green card. That my dear is NOT love. Sweety the only thing this man cares about is getting his green card. He probably will drop out of sight soon as he get it. So all of the answers are there! you should no-way in any shape or form be confuse. You should be doing jumping jacks and running a marathon just knowing you could get this man out of your life. He is a loser you can and will do better without him, maybe you don't realize it now, but you will in time. So if I was you I would not continue with this process CEASE and DISMISS.

Edited February 8, 2013 by dhaiti20

[confused1313 1]

Yes. Youre getting confused because the only way you can adjust from the K1 you came on is through the USC who sponsored you for the K1. But if your K1 expires or rather when your K1 expires you are an out of status K1 visa holder in the US with no status because you didnt file AOS. (so youre not in a period of auth stay) Youre as good as any other illegal loosely speaking. If you marry another USC, you can file a 130/485 through your marriage to them. Totally different basis for adjusting.

--------

Getting back to your situation. Brc posted an excellent quote "When someone shows you who they are, believe them the first time". Your husband has made it quite clear what he wants from you- a greencard. Hes made it quite clear hes willing to lie to you and offer you false promises in exchange for it. (I'll work on the marriage if thats what you want) Hes made it clear hes willing to use guilt to get what he wants. Hes made it clear hes not trustworthy and is willing to commit fraud. Hes made it clear he is willing to commit crimes. Hes made is clear he is willing to let you commit crimes that you could be caught and punished for, for his benefit.

This is not the kind of person you put yourself on the line for. This is not the kind of person you want in your life.

wow so because he messed up his K1 he just waits until he is out of status, then can stay because he is illegal and get someone else to do it for him. am i the only one who finds this logic messed up!

[belinda63 3,031]

Not quite, he would have to leave the country for processing, he could not adjust status from within the US. Hence, he returned to you to get the green card. If he stays more than 180 days past his I-94 date he will also incur a ban when he leaves. Think how hard it will be to prove he has a legitimate marriage when he came here, left you, found and married another woman, and applied again for a visa.

Leave this jerk now. Change the locks, change your phone number, report him to ICE. He is not wanting you, he wants a green card.

[VanessaTony 3,567]

Yes. Youre getting confused because the only way you can adjust from the K1 you came on is through the USC who sponsored you for the K1. But if your K1 expires or rather when your K1 expires you are an out of status K1 visa holder in the US with no status because you didnt file AOS. (so youre not in a period of auth stay) Youre as good as any other illegal loosely speaking. If you marry another USC, you can file a 130/485 through your marriage to them. Totally different basis for adjusting.

Sorry capri, you're wrong. a K1 entrant can ONLY adjust to the USC that petitioned them. Period.

Their K1 visa expires as soon as they entered the US with it. The date on the visa is only there as the date they must use the visa to enter the US by. Once they're here they're governed by the I-94.

If they marry before their I-94 expires they're able to adjust status based on the I-129F (no requirement for the I-130), if they (the USC petitioner and K1 entrant) married AFTER the 90 days they could still AOS but it would not be based on their approved I-129F petition (the requirement is marriage in 90 days to use the I-129F) and they would need to file the I-130.

If he tried to file an I-130/I-485 with someone else he would have to disclose he entered on a K1. That would preclude him from using the I-485 (though they'd take his money). He could still process the I-130 but it would mean leaving the country to get a CR-1, and it would be HEAVILY scrutinized.

See here: http://www.k1k3visalawyer.com/can-a-k-1-visa-holder-marry-another/ which leads you here: http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-7406.html

INA 245(d) The Attorney General may not adjust, under subsection (a), the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under section 216 . The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101(a)(15)(K) 2aa/ except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien's nonimmigrant status under section 101(a)(15)(K) .

Edited February 8, 2013 by Vanessa&Tony

[VanessaTony 3,567]

wow so because he messed up his K1 he just waits until he is out of status, then can stay because he is illegal and get someone else to do it for him. am i the only one who finds this logic messed up!

No, he cannot adjust to anyone but you. I think he knows that and is trying to blackmail you. It would explain why he left and then came back.

You do realise aside from the penalties of lying to the government, you would be on the hook for the I-864?

Kick him out, file for divorce, and write a letter to USCIS and ICE advising them of his fraudulent intent.

[confused1313 1]

Is this a ICE case? I have never thought of it before but now reading all the comments and seeing my owns words and realizing how i wish i wrote them out before now so I can see myself as the fool i have been. Is this a case you would report to ICE? would i be the worst person in the world if I finally got mad and finally reacted to it all.

[MedRoni 161]

Is this a ICE case? I have never thought of it before but now reading all the comments and seeing my owns words and realizing how i wish i wrote them out before now so I can see myself as the fool i have been. Is this a case you would report to ICE? would i be the worst person in the world if I finally got mad and finally reacted to it all.

You not be the worst, you would be the SMARTEST!!

Assuming you act rationally and not kill him of course

[Villanelle 4,122]

Not quite, he would have to leave the country for processing, he could not adjust status from within the US. Hence, he returned to you to get the green card. If he stays more than 180 days past his I-94 date he will also incur a ban when he leaves. Think how hard it will be to prove he has a legitimate marriage when he came here, left you, found and married another woman, and applied again for a visa.

Leave this jerk now. Change the locks, change your phone number, report him to ICE. He is not wanting you, he wants a green card.

Im not sure if thats true. I believe they are able to adjust status in the US as long as they can prove that they initially entered the US legally and as a K1 they did. Because of the overstay on the K1 they will not be able to apply for AP, because if they do and they leave the US during the AOS process to the new spouse a ban will occur and they will not be allowed to re-enter.

If they didnt enter the US legally (which in this case the K1 visa holder did) then they can not file for AOS in the US with their spouse, they have to return home and file AOS in their home country.

[VanessaTony 3,567]

Im not sure if thats true. I believe they are able to adjust status in the US as long as they can prove that they initially entered the US legally and as a K1 they did. Because of the overstay on the K1 they will not be able to apply for AP, because if they do and they leave the US during the AOS process to the new spouse a ban will occur and they will not be allowed to re-enter.

If they didnt enter the US legally (which in this case the K1 visa holder did) then they can not file for AOS in the US with their spouse, they have to return home and file AOS in their home country.

No. They cannot "file AOS in their home country". They can follow the CR-1 path though.

The K1 is not able to adjust their status to anyone but their K1 petitioner. This is the law.

[belinda63 3,031]

K-1 has a built in provision to prevent someone from getting a free ride to the US. They can ONLY adjust status with the original petitioner. To prevent exactly what he is trying to do.

V&T had a good point. You would be on the hook for the I-864 even if you divorced. What if he obtains food stamps or such and then YOU get sued to pay the government back. The you really would hunt him down and kill him.

[Harpa Timsah 13,258]

He is using you and you are being a sucker. What he wants you to do can land you in jail, yes YOU, for fraud. You owe him nothing.

I agree, curb.

Edited February 8, 2013 by Harpa Timsah

[confused1313 1]

he is out of status now and has been since Novemeber

[Darnell 8,478]

Is this a ICE case? I have never thought of it before but now reading all the comments and seeing my owns words and realizing how i wish i wrote them out before now so I can see myself as the fool i have been. Is this a case you would report to ICE? would i be the worst person in the world if I finally got mad and finally reacted to it all.

This is an ICE case.

Suggest you divorce him on Monday. Change the locks, get a restraining order. Yer being played. About as bad as mcat was played. if rlogan is still visiting the site - maybe he'll check in - but do study rlogan 's prior posts with the member search tool - you'll read about the behavior patterns that yer 'spouse' is exhibiting and the reasons for running the h3ll away.

For ICE -

Write up about a 2 page cover letter, print out all of the emails he's sent you outlining his scheme, and give it to the ICE shift supervisor at your local USCIS office via an infopass appointment. They'll open a case - but don't expect any action until he's either picked up or he files again with another USCitizen.

wow so because he messed up his K1 he just waits until he is out of status, then can stay because he is illegal and get someone else to do it for him. am i the only one who finds this logic messed up!

Well, for certain - the people COACHING him have told him 'you better get back with your sweety - only she can get you a green card now'.

Trust me - folk are coaching him.

[Ismail+Cassie 36]

Yes contact ICE and tell them so he wont scam another poor innocent girl. Dont let him use you, you will just end up MORE hurt in the end and him happy he used u as a sucker. Your also risking your future..And do you think he will really stay with you? Obviously no, thats why he cares so much about you showing "proof" that u sent out the paperwork. Ive been in a situation where I know exactly how you feel, it was so hard, I believed him the first time and I got screwed. It wasnt about immigration but just about a guy in general. Please dont make the same mistake as please. Think about your future and dont let him trick you ! All my prayers to you Good luck