K-1, death of fiance before wedding but after arrival

[Caryh 5,206]

A local person, newly arrived on a K-1 with her K-2 children. In less than a month after arrival her fiance passed away of a heart attack, two weeks before the wedding. Now she's here with her children and doesn't know what to do. I can't see where she's allowed to adjust status under these conditions. Is anyone aware of a way she could? I think she's pretty heart broken right now, and certainly unsure what to do now. I remember messaging with her fiance not long ago and he was so excited about her and the kids arrival. Very sad case.

[Cathi 5,748]

I have no advice, but just sad...very very very sad

[Pinkrlion 2,719]

That is so sad. She needs to seek a lawyer, she cannot file widow as they never married. She may end up going back home.

[Merrytooth 5,748]

If they had married within 90 days, the K-1 visa holder may proceed with their green card application, even if their US spouse dies before filing, or while the application is pending.

Other than that, K1 visa holder is not qualifying immediate relative of US citizen, not sure how they could stay in US.

Even if K1 visa holder married someone else, he/she can't adjust status based on this new person in US.

http://www.visajourney.com/forums/topic/297110-us-fiance-died-can-she-marry-another-person/

[Sandra G. 5,047]

They did not get married then she can't petition under I-360 (widow), a petition may be filed to adjust status just by the surviving spouse, within two years of the death of the US citizen spouse and it's not her case.

She should go back asap , in order not to accrue days of unlawful presence, if her K1 is about to expire.

[Caryh 5,206]

They did not get married then she can't petition under I-360 (widow), a petition may be filed to adjust status just by the surviving spouse, within two years of the death of the US citizen spouse and it's not her case.

She should go back asap , in order not to accrue days of unlawful presence, if her K1 is about to expire.

She still has a bit of time before her I-94 expires. She's in rather a tough spot, she has no money to return or to live on either. She's a mother with two kids here, and her only source of support just passed away. Having given up her work and being over 30, her odds of getting a job there again are next to zero, even if her city wasn't still recovering from a short little war last summer. As I see it, at best she could shoot for asylum or refugee status and say for a bit longer, but probably be denied in the end.

[Merrytooth 5,748]

Asylum and Refuge may be granted to aliens who are already in the United States and are unable to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion.

I don't see how the K1 fiance would qualify for that. Unable to find employment back home, doesn't sound reasonable and she could move to other cities with better living conditions.

Filing frivolous application for refugee/asylum will have serious implications, like permanently ineligible for any other benefit under the US immigration laws.

Who knows, she might find another US citizen and go down the immigration path again in the future.

So you might not want to go down this road.

The only hope might be US granting request to designate the Philippines for Temporary Protected Status for the typhoon Haiyan disaster.

A TPS status grants eligible applicants temporary authorization to remain and work in the U.S. for a set period of time. It may be extended if the conditions in the country do not change. However, TPS does not lead to permanent residence.

[NigeriaorBust 4,087]

If he died did he leave a will?? If he had named her she may have some money to help her out. Her embassy here should help get her and the kids back home.

[Confusedtinybird 41]

She still has a bit of time before her I-94 expires. She's in rather a tough spot, she has no money to return or to live on either. She's a mother with two kids here, and her only source of support just passed away. Having given up her work and being over 30, her odds of getting a job there again are next to zero, even if her city wasn't still recovering from a short little war last summer. As I see it, at best she could shoot for asylum or refugee status and say for a bit longer, but probably be denied in the end.

Did her fiance have any family in the USA? Could they help her and her two kids and ticket back home?

The airlines might have some kind of special fare they could offer her.

[Caryh 5,206]

If he died did he leave a will?? If he had named her she may have some money to help her out. Her embassy here should help get her and the kids back home.

No idea if he did, but I would doubt it. How many people change their will, if they even have one, before they get married. I have no idea if he even had an assets to pass on if he did. But if he does, she couldn't claim them now, they never married.

As to help going home, I'm of the opinion she'd rather be an illegal here than return home, as the prospects of going home a now unemployed single mother of two in her 30's are not good at all.

[Caryh 5,206]

Did her fiance have any family in the USA? Could they help her and her two kids and ticket back home?

The airlines might have some kind of special fare they could offer her.

As I mentioned, I believe she'd rather live as an illegal here. I guess a niece has been helping some, but I believe the ability to help is farily limited and wouldn't extend to the three or four thousand tickets home would run. As currently she's wondering where to get lunch money when the kids go to school.

I gave her the contact info for the local immigrant law center here, they should be able to help if there is any legal path to even a temporary stay. They do have some special circumstances for the Philippines due to typhoon yet Haiyan. Its just not clear if it would be relevant in her case. My point about work and support, she has no resources to return even if she wanted to, plus little reason to return. Life as an illegal in the USA would likely be much better than the situation she would return to.

Asylum and Refuge may be granted to aliens who are already in the United States and are unable to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion.

I don't see how the K1 fiance would qualify for that. Unable to find employment back home, doesn't sound reasonable and she could move to other cities with better living conditions.

Filing frivolous application for refugee/asylum will have serious implications, like permanently ineligible for any other benefit under the US immigration laws.

Who knows, she might find another US citizen and go down the immigration path again in the future.

So you might not want to go down this road.

The only hope might be US granting request to designate the Philippines for Temporary Protected Status for the typhoon Haiyan disaster.

A TPS status grants eligible applicants temporary authorization to remain and work in the U.S. for a set period of time. It may be extended if the conditions in the country do not change. However, TPS does not lead to permanent residence.

[Teripid 5]

The Philippine embassy may also be worth a contact. Consular services may be able to work to provide transportation home under the circumstances. Like most embassies they'll provide emergency services if a citizen is in trouble due to external circumstances.

It is also pretty common to have a significant other listed on life insurance. I know I added my wife as a beneficiary just in case and also as another proof to submit before we really had a chance to share accounts etc. If the guy was young enough to not have considered a will and was still working there might be something like this out there still as a lot of employers offer a default small policy, it could have even been in the K-1 packets submitted.

I'm well aware of the plight of older people when it comes to hiring bias in the Philippines but like others mentioned I doubt this translates to something that'd grant asylum.

[Sandra G. 5,047]

caryh this woman is still young and for sure she will find love, here is the problem man if she stays here NEVER EVER she will be able to adjust status in the USA< not even through a new marriage to a US Citizen.Imagine if she finds a man in 2,3,4 years and then she becomes madly in love, well her life will be screwed, because she can't adjust status here, she has to leave the country and wait to have a waiver approved. I know I am thinking in the future,but we have to make decisions thinking that most of our decisions can impact our lives forever.The same way she lived 30 years in Philippines without her man, she will be able to continue living in Philippines like all others there.It's hard , but not impossible.

[Caryh 5,206]

caryh this woman is still young and for sure she will find love, here is the problem man if she stays here NEVER EVER she will be able to adjust status in the USA< not even through a new marriage to a US Citizen.Imagine if she finds a man in 2,3,4 years and then she becomes madly in love, well her life will be screwed, because she can't adjust status here, she has to leave the country and wait to have a waiver approved. I know I am thinking in the future,but we have to make decisions thinking that most of our decisions can impact our lives forever.The same way she lived 30 years in Philippines without her man, she will be able to continue living in Philippines like all others there.It's hard , but not impossible.

I do believe she had a job before, although I'm not totally sure. Something she would no longer have or likely be able to get again if she returned. I also understand she's highly unlikely to be able to stay legally. And if she does meet someone here, she'd never be allowed to adjust status without returning home and getting a waiver if she overstays. I don't think any of that matters to her at this point. Maybe with a little time, some of the realities will sink in, her fiance did just pass away a couple weeks ago. I just know where her head is at now. I got to know her fiance through visa journey and him living in the same state as I and his fiancee being from the same country as my wife is from. Figured we'd eventually meet up together once she was here, gave him my contact information, advice on parts of the process, and advice on local Filipinos and Filipino resources here. She found me by looking at his private messages here in VJ, and is looking for advice and hope to stay and not return to a situation that would be much harder going back to than the situation she left. I don't really know her, mainly I just know what her fiance told me about her, and I didn't know him all that well either. I am aware though of how hard things can be for single mothers, over 30 and without a job, in the Philippines. So I can understand how one would rather choose being illegal here over returning. My initial conversation with was, if you didn't get married, I believe you have no legal way of staying. But I did want to throw the case out there just in case anyone knew of an option I'm not aware of. Its a sad situation, and its the least I could do.

[innocentme 3]

I would suggest go back home..she has family in phillippines I guess right to help her about the situation being a single Mom.Parents or relatives in Philippines helping each other.she can go back there once she found another love.illegal alien is scary..what if the authority found out..not only her ban also her 2 kids.