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

[raven52 233]

I know it is the law, but something just not right about this.,.,.,.,why did he bring her here, waiting many months, NVC, medical, interview, CFO, and now.,.,my feeling, there is more to this than, uh, "cold feet!"

A need to look deeper as to why.,.,.,.,.,.not!

[razspaz13 30]

she's been stateside 50 days, perhaps better 50 days now than getting married and then weeks after the marriage the cold feet arrive, although she may be very heartbroken, the bloke did the right thing by stepping up and being honest. sorry to hear that it isn't happening on her part though broken hearts are tough regardless of location or age.

seems under the conditions she has to return to her home country and if asked to explain how a "new man" was found so soon after the last, (if she were to find a new bloke so soon) I think it would be seen as marrying just for the sake of staying stateside, just a thought......

[JohnR! 5,495]

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?

The K-1 is a non-immigrant visa, the consequences being if the beneficiary does not marry the petitioner within 90 days, it is as good as a tourist visa. In fact, it is even more restrictive than a tourist visa, because on a K-1, you can't marry anyone else, other than the petitioner, for AOS purposes.

You can get a lawyer and sue the petitioner in civil court, to be sure, but that will not do help the beneficiary in terms of AOS.

[Harpa Timsah 13,258]

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?

People aren't given citizenship based on whether they deserve it or not. They get it based on whether or not they are eligible.

Your aunt is not eligible.

It sucks to be dumped, but it happens. Pick up the pieces and move on. She can find someone else.

What has she lost that she couldn't regain, being gone less than 2 months from her country?

[Avery Cates 1,141]

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.

[verysadguy 170]

Let's be liberal now folks. After all isn't our immigration system when it comes to love? The woman came here with a dream. The man is now rejecting her for mostly unknown reasons. This woman is now scared, depressed, traumatized, abandoned, likely can't sleep, is hypervigilant etc.

She now has PTSD. It is completely LEGAL for her to file VAWA for emotional abuse. Even if her evidence is thin and there isn't even a marriage. And she can keep filing and filing a VAWA.

Look folks, MILLIONS upon MILLIONS of people come to the USA and stay. Yes the OP said a bunch of times, they'd like a legal way out, this is simply a different angle on legal. (oh if only the sponsor would punch the poor woman just once with a witness then the path would be much easier).

Otherwise in an ideal US immigration system, which so sadly and pathetically does not exist (USCIS is one of the most worthless services of the US Government in my opinion squandering BILLIONS in taxes annually). The "ideal" immigration path for this unfortunate woman is to return to the Philippines lock, stock, and barrel. I don't envy her broken heart and broken dreams. It is a sad tale of love and promise lost. God only knows why. As for the sponsoring USC, he's probably off looking for his next young, beautiful, foreign girlfriend if he hasn't found one already.

As for the storyteller here, he's obviously a nice guy, happily married looking to do good for his wife's family member. I like this guy. A straight arrow. Good luck. Tough situation.

Edited May 10, 2014 by verysadguy

[novedsac 355]

Let's be liberal now folks. After all isn't our immigration system when it comes to love? The woman came here with a dream. The man is now rejecting her for mostly unknown reasons. This woman is now scared, depressed, traumatized, abandoned, likely can't sleep, is hypervigilant etc.

She now has PTSD. It is completely LEGAL for her to file VAWA for emotional abuse. Even if her evidence is thin and there isn't even a marriage. And she can keep filing and filing a VAWA.

Look folks, MILLIONS upon MILLIONS of people come to the USA and stay. Yes the OP said a bunch of times, they'd like a legal way out, this is simply a different angle on legal. (oh if only the sponsor would punch the poor woman just once with a witness then the path would be much easier).

Otherwise in an ideal US immigration system, which so sadly and pathetically does not exist (USCIS is one of the most worthless services of the US Government in my opinion squandering BILLIONS in taxes annually). The "ideal" immigration path for this unfortunate woman is to return to the Philippines lock, stock, and barrel. I don't envy her broken heart and broken dreams. It is a sad tale of love and promise lost. God only knows why. As for the sponsoring USC, he's probably off looking for his next young, beautiful, foreign girlfriend if he hasn't found one already.

As for the storyteller here, he's obviously a nice guy, happily married looking to do good for his wife's family member. I like this guy. A straight arrow. Good luck. Tough situation.

She can file whatever she wants … might as well file an application under every VISA category.

They'll all be summarily rejected because she's not qualified for any of them.

She doesn't qualify for VAWA … she needs to have been married to the petitioner first. You should know that by now.

[Harpa Timsah 13,258]

Let's be liberal now folks. After all isn't our immigration system when it comes to love? The woman came here with a dream. The man is now rejecting her for mostly unknown reasons. This woman is now scared, depressed, traumatized, abandoned, likely can't sleep, is hypervigilant etc.

She now has PTSD. It is completely LEGAL for her to file VAWA for emotional abuse. Even if her evidence is thin and there isn't even a marriage. And she can keep filing and filing a VAWA.

Look folks, MILLIONS upon MILLIONS of people come to the USA and stay. Yes the OP said a bunch of times, they'd like a legal way out, this is simply a different angle on legal. (oh if only the sponsor would punch the poor woman just once with a witness then the path would be much easier).

Otherwise in an ideal US immigration system, which so sadly and pathetically does not exist (USCIS is one of the most worthless services of the US Government in my opinion squandering BILLIONS in taxes annually). The "ideal" immigration path for this unfortunate woman is to return to the Philippines lock, stock, and barrel. I don't envy her broken heart and broken dreams. It is a sad tale of love and promise lost. God only knows why. As for the sponsoring USC, he's probably off looking for his next young, beautiful, foreign girlfriend if he hasn't found one already.

As for the storyteller here, he's obviously a nice guy, happily married looking to do good for his wife's family member. I like this guy. A straight arrow. Good luck. Tough situation.

I presume you are being sarcastic but VAWA only applies to married people. They are not getting married so no VAWA. Not that getting dumped is abuse anyway.

People live through horrible things, death of loved ones, disease, and people are here talking about how getting dumped and dashing dreams of marriage is somehow equivalent to true suffering. That makes me sick, personally.

[Avery Cates 1,141]

Let's be liberal now folks. After all isn't our immigration system when it comes to love? The woman came here with a dream. The man is now rejecting her for mostly unknown reasons. This woman is now scared, depressed, traumatized, abandoned, likely can't sleep, is hypervigilant etc.

She now has PTSD. It is completely LEGAL for her to file VAWA for emotional abuse. Even if her evidence is thin and there isn't even a marriage. And she can keep filing and filing a VAWA.

Look folks, MILLIONS upon MILLIONS of people come to the USA and stay. Yes the OP said a bunch of times, they'd like a legal way out, this is simply a different angle on legal. (oh if only the sponsor would punch the poor woman just once with a witness then the path would be much easier).

Otherwise in an ideal US immigration system, which so sadly and pathetically does not exist (USCIS is one of the most worthless services of the US Government in my opinion squandering BILLIONS in taxes annually). The "ideal" immigration path for this unfortunate woman is to return to the Philippines lock, stock, and barrel. I don't envy her broken heart and broken dreams. It is a sad tale of love and promise lost. God only knows why. As for the sponsoring USC, he's probably off looking for his next young, beautiful, foreign girlfriend if he hasn't found one already.

As for the storyteller here, he's obviously a nice guy, happily married looking to do good for his wife's family member. I like this guy. A straight arrow. Good luck. Tough situation.

Someone has their silly pants on today.

[Emanettes 11]

Tita, I am sorry to say but you have to return to the Philippines and have your life back. This is good news and bad news... Bad news, your fiance backed out and was not ready for settling down.. Good news, you will not be in a terrible marriage..

[Hollyday 122]

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.

Why should she leave exactly after she becomes out of status?? She should leave before the 90 days expire, as far as i know.

[Gosia & Tito 199]

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

Odds increase significantly when all your friends and people you know are foreigners and in general you travel a lot and other couples you do things with are also foreigner (not only just one of the couple but both).

And I'd say, it's not just odds, but general upbringing and cultural background strongly drives that.

For many it's just "normal" to be in a relationship with someone from another country, and you wouldn't even have to meet him/her in another country, it happens quite a lot in the US

Very few of our friends are US born; and this is not by design; just the kind of things we like to do, the places we like to go drive that.

Edited May 10, 2014 by Gosia & Tito

[Harpa Timsah 13,258]

Odds increase significantly when all your friends and people you know are foreigners and in general you travel a lot and other couples you do things with are also foreigner (not only just one of the couple but both).

And I'd say, it's not just odds, but general upbringing and cultural background strongly drives that.

For many it's just "normal" to be in a relationship with someone from another country, and you wouldn't even have to meet him/her in another country, it happens quite a lot in the US

Very few of our friends are US born; and this is not by design; just the kind of things we like to do, the places we like to go drive that.

I think you misunderstand what I wrote. I didn't say that it was weird to marry a foreigner or know foreign people. I said I thought it was weird to go on a dating site to find a foreign person to marry, like those sites anastasiadate or filipinacupid. If that works for people, more power to them.

Thanks for the story, though.

[Gosia & Tito 199]

I think you misunderstand what I wrote. I didn't say that it was weird to marry a foreigner or know foreign people. I said I thought it was weird to go on a dating site to find a foreign person to marry, like those sites anastasiadate or filipinacupid. If that works for people, more power to them.

Thanks for the story, though.

I did and I stand corrected.

But as you, If that works for people, more power to them.

[AT20000 38]

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.

He got cold feet = there was no abuse? You are linking things that have nothing to do with each other and it does not make sense ( besides, I doubt people would share details in here considering how you all react. We should all be helping each other and the only thing askers get is " get the Heck out of the country" Frankly this is shameful.)

You can be rude, belittling, insulting, entitled, as much as you want, it does not and will never make you right when you are wrong. Are you SURE you know everything about these people's case and also EVERYTHING about ALL the US immigration lawS that could apply in this case? OBVIOUSLY NOT, because you are not an immigration lawyer and understanding ONE set of regulations, does not make you expert at immigration laws nor means that you master the whole immigration laws book with all the exceptions! Most likely this is why lawyers get a JD, check the laws and their books for the last interpretations of the laws, and pay legal assistants to find previous rulings in similar cases. Most likely it is also for this very reason that people who have immigration issues consult with .... Immigration lawyers, not with Truck Drivers, carpet salesmen or Pharmacists!

You may not like it but you have to understand what you are doing by being so assertive is dangerous. What if there is law you do not know about that says they can stay because of such and such provision? ( refugees, hardship, you name it!) What if you don't know of a detail in this woman's case that makes her eligible for something else? You-do-NOT-know! Yet, here you are throwing assertions?

Another frustrated answerer very chidishly commented that I am no lawyer either. Well, at least I've had the decency to not act like one by throwing definitive answers with no knowledge of the whole extent of the law (and why I advised the OP to go see one)! Only lawyers OR people who found themselves in this EXACT situation can answer this with accuracy. The rest should be sharing suggestions and links.

This whole thread reminds me of the first question I have ever asked on this forum: A lady from Russia was barking like a rabid dog, she was rudely and not very cleverly stating "truths" that all happened to be wrong in my case... Not ONE tiny bit of a fraction of what she was blithering about was accurate...NOTHING. I have asked another question later on and the very the same thing happened: a bunch of I-know-it-all barking all around and a 100% wrong information...

OP Do not listen to the "get the **** out" background noise. I am not fond of lawyers myself and I did all my paperwork by myself until my ROC. BUT lately I had an issue and I went to see one instead of listening to the negative pack . It was the best 200$ I have EVER spent. Go see a lawyer. You have a business so money is not an issue for ONE consult ( and most of the time the first consult is free)