40 day till K-1 Visa expires; Fiancee doesn't want to marry. Options?

[sweet cakes 326]

Seems you're more interested in a visa to the US than a relationship, being 3 times around. Maybe the other two realized that before they got suckered.

The poster, Al422, is the USC.

[Avery Cates 1,141]

The poster, Al422, is the USC.

Well that's just bizarre then. It's hard enough to meet one right person in another country let alone 3.

[amuna0526 11]

Just for the record in reply to Gegel, it is the male petitioner who has decided not to marry, not my wife's aunt.... He gets cold feet and SHE gets deported... not quite fair in my mind.

Unfortunately for her, since she's not the petitioner. Sorry those are the rules for that type of petition. Petitioner changed his mind. I understand you feel bad, but you really can't do anything about it.

[Harpa Timsah 13,258]

Well that's just bizarre then. It's hard enough to meet one right person in another country let alone 3.

It's not hard at all. Websites exist for this very purpose.

OP: The K-1 is for the purpose of marrying and living in the US. It does suck that the relationship is over, but your aunt is not owed anything. She gets a trip to the US out of it. The whole basis of the immigration, the relationship, is over and no marriage will happen. There is nothing here for her.

It is not a ticket to the US to live for any other reason.

[Avery Cates 1,141]

It's not hard at all. Websites exist for this very purpose.

I suppose you're right. It's still weird to me that people intentionally put themselves in the position of this process and actively seek people in other countries.

I found someone in another country, but that was pure chance and good fortune.

[Harpa Timsah 13,258]

I suppose you're right. It's still weird to me that people intentionally put themselves in the position of this process and actively seek people in other countries.

I found someone in another country, but that was pure chance and good fortune.

Same. I'm still not over how weird it is. But it's there.

[SweetOpossum 55]

Why would she want to stay in the US if the man doesn't want to marry her? Did she want the visa to be with the love of her life or to leave the Philippines?

I am sure she can go back and apply for a tourist visa so she can visit the US every now and then.

[novedsac 355]

Well, I don't think she has any other choice than to go back to her country for now. Now you may want to consult with an immigration attorney as, there might be another path that we don't know of right now.

There is absolutely no other path available for her.

Indeed, the majority of immigration attorneys maybe adept at filling out forms and reading off the requirements for a K1 visa, but are not aware of the statutory prohibition from adjusting status with anyone other than the K1 sponsor. Speaking to the majority of these blowhards will send her in circles of false hopes which will all end in bitter frustration.

OP, you really want to help her, then ensure that she has the means to leave the US within her 90 days on the I-94. She doesn't necessarily need to return to the PI if she has other options elsewhere, but she needs to leave the US.

[Al422 221]

The fairness of it is irrelevant. This is clear black and white.

Seems you're more interested in a visa to the US than a relationship, being 3 times around. Maybe the other two realized that before they got suckered.

I am the USC. Please get your facts straight before you accuse. Thank you.

[christeen 966]

Being drawn to a particular overseas contry or ethnicity is not strange, no more so than smeone who likes blondes, redheads, or a specific religion. Perhaps because of ethnic or religious backgrounds or core social beliefs, a USC might seek out the companionship from a specific country, region etc.. Although a long series of relationships which involves immigrants and failed or had issues might cause me personally to raise an eyebrow... But for immigration... Meh...

[Darnell 8,479]

OP - I forgot one thing, I not mention this in my previous post.

Lets say they NOT get married within the 90 days

but

do get married after the 90 days. She can stay, IF USCitizen files AOS set + I-130. So, if there is true love there between them, but cannot marry within that 90 days, they DO have another path available after 90 days.

Yes, it must be the original USCitizen Petitioner that marries her. Yes, it's more money.

[AT20000 38]

It does suck that the relationship is over, but your aunt is not owed anything. She gets a trip to the US out of it. The whole basis of the immigration, the relationship, is over and no marriage will happen. There is nothing here for her.

There is nothing here for her? Wrong! She obviously has a family here that cares for her. Then you continue with "your aunt is not owed anything" ? I mean really? Before being harsh on people and brushing them off the way you do, re-think your purpose on this forum. This forum exists for people to help and support each other not for anyone to vent their frustration after a bad hair day.

We are here to bounce ideas about SOLUTIONS, not to pour water on a drowning man!

Some people ( you know, human beings like all of us) dropped everything they had in their home countries: Business, houses, career, etc, and you have that little respect for this ? What if it was you?

[Jon and Krissy 452]

My wife is from the Philippines. We married under the Fiancee visa 4 years ago. Our marriage is so good that my wife's aunt started dating an American. They got engaged, got a visa and she has been here for about 50 days. Now he has decided he doesn't want to get married after all. What do we do now? My wife and I would gladly let her live with us and even employ her at our business. Heck, she is such a sweet woman, I'm sure we could find a better man for her in the time available if that was an option. We would love to hear from anyone who knows legal ways for her to stay in the US. She left her life in the Philippines to come here and has no where to return to if deported.

Calvin

She needs to go back to the Philippines. If she stays, she will be doing so illegally.

[Jwen 4]

AT20000...I agree with you.

Harpah is normally more constructive tho, but perhaps something got lost in the text..Meaning sometimes u say something and when u type it its not read the same.I dont think she was intentionally being harsh or hurtful.

That said...Calvin as the family man u seem to be...Maybe you could talk to the USC and seek to find out man to man what the real issue is. If he has really just gotten cold feet, then am sure u should be able to help them. Maybe he is also looking at the AOS process and might not be able to find all the funds at once, due to maybe an unplanned event or miscalculations etc

But whatever u decide, please encourage her not to mess up her chances of coming back to the US...

If love is genuine and real, it will overcome.. Be strong for her and your wife.

[Harpa Timsah 13,258]

There is nothing here for her? Wrong! She obviously has a family here that cares for her. Then you continue with "your aunt is not owed anything" ? I mean really? Before being harsh on people and brushing them off the way you do, re-think your purpose on this forum. This forum exists for people to help and support each other not for anyone to vent their frustration after a bad hair day.

We are here to bounce ideas about SOLUTIONS, not to pour water on a drowning man!

Some people ( you know, human beings like all of us) dropped everything they had in their home countries: Business, houses, career, etc, and you have that little respect for this ? What if it was you?

If it was me I would go home.

She has been here a few months, it's more like a long vacation.

There is no solution. The K-1 is designed specifically to prevent someone who doesn't marry to not be able to stay here. Because there is no reason to stay. A lot of people have friends and family in the US, but they don't live here.

It is hard to break up, but the K-1 is not a ticket the US. Things will go back to the way they were, with her living abroad.

I am helping them by making them realize in plain language that there is no way for her to stay here legally.

Edited May 10, 2014 by Harpa Timsah