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

[Ontarkie 14,383]

~~Moved to Effects of Major Family Changes on Immigration Benefits, From K1 forum~~

[AT20000 38]

There is absolutely no other path available for her.

Are you an attorney? Because if you are not, you are pretty much affirmative... Don't get me wrong, I do think also that - above all in 40 days- it is going to be an uphill battle but I do not have the entire story, that is why I advised him to seek help ASAP.

That said, you answered there is absolutely no other path but if she has been abused by the USC and she has proofs of it, there might very well be one ( this is just one example) then again none of us has all the facts, that is why an experienced attorney would be the right move.

So I will reiterate what I just said: OP, Do your homework NOW, fin a lawyer. Not just ANY lawyer ( most of them are crooks AND lazy, here so be careful) pick a good one ( not necessarily the most expensive one). You need to search among the refugees/immigration organizations, they have a bunch of resources available they might be able to advise you. Call them But in 40 days, with all due respect, I would recommend that you move everybody's a***, because time is getting short.

Now if there is no other way she should probably consider "going back to jump higher" and you could file for a work visa for her. Now this will more likely make her stay in her country for a year and a half. I don't think it costs a lot more money than a K1 and better late than never, right?

[Cathi 5,783]

Tell aunt to find a new man asap

she can't find a new US man to marry. Under the terms of her k1 she can ONLY adjust status through the man who originally petitioned for her. If you don;t know the correct answer to a question please don't post. Not only are you confusing the OP and situation, what you are suggesting isn't possible. The aunt's one and only option is to return home.

[Cathi 5,783]

Are you an attorney? Because if you are not, you are pretty much affirmative... Don't get me wrong, I do think also that - above all in 40 days- it is going to be an uphill battle but I do not have the entire story, that is why I advised him to seek help ASAP.

That said, you answered there is absolutely no other path but if she has been abused by the USC and she has proofs of it, there might very well be one ( this is just one example) then again none of us has all the facts, that is why an experienced attorney would be the right move.

So I will reiterate what I just said: OP, Do your homework NOW, fin a lawyer. Not just ANY lawyer ( most of them are crooks AND lazy, here so be careful) pick a good one ( not necessarily the most expensive one). You need to search among the refugees/immigration organizations, they have a bunch of resources available they might be able to advise you. Call them But in 40 days, with all due respect, I would recommend that you move everybody's a***, because time is getting short.

Now if there is no other way she should probably consider "going back to jump higher" and you could file for a work visa for her. Now this will more likely make her stay in her country for a year and a half. I don't think it costs a lot more money than a K1 and better late than never, right?

And I will ask, are YOU a lawyer? No lawyer can get her a green card, end of story. Under the terms of the aunt;s K1 visa her only option is to marry the man who petitioned for her or return home. Period. End of story. If she gets a lawyer what is a lawyer going to do? There is nothing to fight. She eithers marries her fiance or returns home.

[Cathi 5,783]

And I will ask, are YOU a lawyer? No lawyer can get her a green card, end of story. Under the terms of the aunt;s K1 visa her only option is to marry the man who petitioned for her or return home. Period. End of story. If she gets a lawyer what is a lawyer going to do? There is nothing to fight. She eithers marries her fiance or returns home.

she cannot apply for a work visa, a company has to apply on her behalf. Then the burden of proof is on that company to prove there is no other qualified US citizen who they can hire to fill said position. A work visa is out unless she has specialized experience in something that a US citizen doesn't have. a job can;t be created by her family just so she can stay in the country, that's fraud.

[Avery Cates 1,141]

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?

You've been given all the solutions that there are at this point.

[Avery Cates 1,141]

she cannot apply for a work visa, a company has to apply on her behalf. Then the burden of proof is on that company to prove there is no other qualified US citizen who they can hire to fill said position. A work visa is out unless she has specialized experience in something that a US citizen doesn't have. a job can;t be created by her family just so she can stay in the country, that's fraud.

Let us not forget about the, what, $5,000+ cost to the employer as well on top of all the restrictions.

Edited May 10, 2014 by Avery Cates

[aamirpearl 47]

Tell aunt to find a new man asap

She still cant stay in the US evn tho if she finds a new man

New man just to remain in the US ? and wht abt the true love,feelings,uderstanding? Cant believe ppl r ready to do anything just to get GC

OP: I feel sorry for your aunt but as everybody has mentioned and said she needs to leave US before her 90days r up!

[xgrnberet1 19]

Are you an attorney? Because if you are not, you are pretty much affirmative... Don't get me wrong, I do think also that - above all in 40 days- it is going to be an uphill battle but I do not have the entire story, that is why I advised him to seek help ASAP.

That said, you answered there is absolutely no other path but if she has been abused by the USC and she has proofs of it, there might very well be one ( this is just one example) then again none of us has all the facts, that is why an experienced attorney would be the right move.

So I will reiterate what I just said: OP, Do your homework NOW, fin a lawyer. Not just ANY lawyer ( most of them are crooks AND lazy, here so be careful) pick a good one ( not necessarily the most expensive one). You need to search among the refugees/immigration organizations, they have a bunch of resources available they might be able to advise you. Call them But in 40 days, with all due respect, I would recommend that you move everybody's a***, because time is getting short.

Now if there is no other way she should probably consider "going back to jump higher" and you could file for a work visa for her. Now this will more likely make her stay in her country for a year and a half. I don't think it costs a lot more money than a K1 and better late than never, right?

Do you read the laws regarding K1 Visa?, read it, again, and again, and again and again, until you fully understand, May be then, I meant may be, you will get it, or may be you won't. Again, I will repeat from what AT20000 said, " There is absolutely no other path, none, zip, zero chance...", read the story carefully, he got cold feet " and he changed his mind, meaning there was no abuse, so therefore, K1 Visa rules applies, no marriage within 90 days to USC, she must return home. read it, read it, and read it and read some more. She must return home, and I', not an attorney, but, I understood the K1 laws.

[seer8 5]

Why did he suddenly turned and had cold feet? It's unfortunate to hear about that. I would see if she has the money to fly back to the Philippines. Preferably, the outbound flight should be one day after her 90-day expires. Once that is set, she can find someone else, if possible, with the remaining time. It's not her fault that the "system" will not let her stay legally. But I must agree to my fellow visajourney'ers that she can't stay UNLESS she marries the petitioner per the visa. Try to help her with her next visajourney.

[calvindog 0]

Thanks for the advice from all and the moral support and understanding from some, especially Agnes. Most responders seemed to miss the part in my original post about looking only for LEGAL ways for our aunt to stay. It is disappointing how many assumed she might violate the law and stay. That was never an option for us.

And what did she want when she gave up her job, her home and her life in the Philippines to accept this man's proposal of marriage? She wanted what my wife and I have. She wanted what most everyone wants. She wanted a loving husband, a happy house, a realistic shot at raising her future children in a place where their future was a little brighter. My wife and I are beginning our 5th year of the happiest marriage I could hope for. We have a beautiful, healthy 2 year old daughter who gets all the love and security a child could ask for. Ours is a happiness we have done the work to earn. We listened to each other, we compromised, we tried to understand the others point of view. Who does not want this kind of relationship? Who does not want the opportunity for a better life such as we are blessed with in America? Who said it was a choice between marrying for love and marrying for a better life? Don't we all marry for both reasons? My wife may have a better standard of living here with me, but I will guarantee that my life has improved more than hers has, just because I have her love, her companionship, her wisdom and the most awesome daughter in the world! I am a better man and live a fuller because of her.

My wife's aunt wanted THAT when she left the only life, the only world she ever knew on a gentleman's promise. In my opinion she deserves to be an American more than most of us who earned the right only by the accident of our birth. How much have YOU given up to be an American?

[christeen 966]

It is a shame to be let down like that by someone they loved... I hope that she is able to live a fulfilled life and find true happiness back home... Everything happens for a reason and when one door shuts, it directs us towards another one...

[Boiler 45,927]

My wife's aunt wanted THAT when she left the only life, the only world she ever knew on a gentleman's promise. In my opinion she deserves to be an American more than most of us who earned the right only by the accident of our birth. How much have YOU given up to be an American?

I want to win the lottery, her prospective husband said no and there is nothing you can do about it..

Like many people on this site I am not an American and never will be as your Aunt will never be and I can assure you it is NOT an issue.

[Jawaree 718]

The rules are in place no atty can change it she must go if the USC

changed his mind & leave at least the day B4 her time is up, so in

the future she has a better chance, its nothing U can do except to

introduce her to someone else, after she goes home he can visit her

if it becomes a bonafide relationship she get marry B4 coming back,

its the only way

[novedsac 355]

Are you an attorney? Because if you are not, you are pretty much affirmative... Don't get me wrong, I do think also that - above all in 40 days- it is going to be an uphill battle but I do not have the entire story, that is why I advised him to seek help ASAP.

That said, you answered there is absolutely no other path but if she has been abused by the USC and she has proofs of it, there might very well be one ( this is just one example) then again none of us has all the facts, that is why an experienced attorney would be the right move.

So I will reiterate what I just said: OP, Do your homework NOW, fin a lawyer. Not just ANY lawyer ( most of them are crooks AND lazy, here so be careful) pick a good one ( not necessarily the most expensive one). You need to search among the refugees/immigration organizations, they have a bunch of resources available they might be able to advise you. Call them But in 40 days, with all due respect, I would recommend that you move everybody's a***, because time is getting short.

Now if there is no other way she should probably consider "going back to jump higher" and you could file for a work visa for her. Now this will more likely make her stay in her country for a year and a half. I don't think it costs a lot more money than a K1 and better late than never, right?

My occupation has nothing to do with my advice.

My advice is qualified on my experience from marrying a woman (now my ex-wife) who was under the exact same circumstances as the OPs aunt and after consulting with over 400 attorneys nationwide over an eight year period of time resulted in NO option to adjust whilst in the US and the ex-wife refused to leave the US because she didn't believe that she'd ever come back. Most of the front line staff at USCIS don't understand it. Most 'immigration' attorneys don't understand it. I had the advantage of money and it just burned like a bonfire. The experience ultimately broke her and the relationship she had with me and the children. She is now gone and the kids are lucky to hear from her a couple of times a year.

It's not even an uphill battle … it's a battle that is over before it's even started. There is no recourse. If she leaves before her 90 days are up she will not have any black mark against her and she'll have another chance at K1 or something else. If she waits … she'll incur a 3yr bar to entry after 6 months and a 10yr bar of entry after 1 year of illegal presence. It get worse and worse as time goes on.

Here's a recent case … this woman did not marry the petitioner because she found out the petitioner was already married … not her fault and she basically got screwed by this … but she remained in the US, married someone else and subsequently divorced and filed a VAWA. Her petition to adjust status was denied on the basis that she did not fulfill the requirements of her original K1 visa, namely married the petitioner (regardless of the fact that she could NOT marry him because he was already married). The second to last paragraph gets to the point.

https://www.ca5.uscourts.gov/opinions%5Cpub%5C12/12-60891-CV0.pdf

I'm trying to help the OP help his aunt by getting straight to the point - there is no hope here - the only hope would be to protect her status with USCIS now to give her a shot at a future relationship with a (better) American guy.

Get over it. ####### happens. Leave the US as soon as she can.

Edited May 10, 2014 by novedsac