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

[novedsac 355]

Giving a glimmer of hope where there isn't any at all is dangerous and irresponsible.

If OP is very lucky, first consult will understand the nuances of adjusting with a k1.

Just because one graduated law school and practices immigration law does not mean they understand all the specifics of immigration law - they tend to focus on the issues that pay the bills - and k1 beneficiaries who fail to meet the conditions of the k1 yet want to adjust status in the US are not a very large crowd.

I went first to me personal attorney who handles all of my family and business affairs - a top notch attorney - and after a couple of weeks he told me that I had a significant problem with nuances he didn't have the expertise for. A well known immigration attorney gave me some BS about filing a BOA appeal after AOS denial and pursuing the matter through US District Court if necessary. My personal attorney told me this was crazy. It took me awhile later I understood (and several years before I accepted) that there is a statutory prohibition to adjusting k1 with anyone other than the sponsor - this is tougher than a regulation and is not subject to administrative perogative or judicial flexibility. What that means for the layperson is that there is no way for her to adjust under any other means than the petitioner. And the longer she tries to figure this out, the deeper the hole she finds herself in.

[Avery Cates 1,141]

He got cold feet = there was no abuse?

100% fact, yes. Not that it would matter anyway, since VAWA applies to married couples, which is obviously not happening here.

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.

It's also the only solution here, therefor everyone is correctly giving the options.

You are linking things that have nothing to do with each other and it does not make sense

I'd say linking an actual case where it was decided rightfully by a court that a beneficiary has 0 (zero) recourse to stay legally and adjust status outside of marrying the original petitioner is pretty relevant.

You're soap boxing but batting zero here, I'm afraid.

[rlogan 2,036]

.

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?

Guilt-tripping and shaming are not immigration concepts. They're nasty manipulative tactics. Since you have extended the effort to put others down in this manner, perhaps we should point out that your relative has poor judgment when it comes to selecting a fiancé. That is nobody's fault but her own. Stop blaming others for it.

[LmmL 46]

Thanks for the advice from all and the moral support. 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.

WHAT SOME OF THE RESPONDERS HAVE GIVEN TO YOU IS BASED ON THE LAW. YOU COULD ALSO GO TO USCIS TO ASK ABOUT IT AND SEE WHAT THEY WILL SAY, THEY WILL GIVE YOU THE SAME ANSWER.

THERE IS NO LEGAL WAY FOR THE AUNT TO STAY HERE IN US ON A K1 VISA IF SHE DOESN'T GET MARRIED WITH THE PETITIONER. THAT'S IT.

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.

YES! EVERYBODY WANTS THAT!

BUT SHE HAS TO UNDERSTAND HER OWN SITUATION AND ACCEPT IT.

GO BACK TO HER HOME COUNTRY AND MOVE ON.

MAYBE ONE DAY SHE WILL FIND A NEW BETTER GUY AND IF THE NEW GUY IS AMERICAN THEN THEY COULD FILE FOR A NEW K1 OR EVEN GET MARRIED AND FILE FOR IR-1/CR-1.

[AT20000 38]

100% fact, yes.

100% fact, Really? So you were there? This is indeed ridiculous. As for VAWA, sorry to break that to you but VAWA is NOT the only path a victim of violence can take in America.

Then, the words you pick, talk for themselves. This is NOT about "boxing and battling" dude! You are missing the point by a 100 miles. Since when "defend the US from the invaders" had become your motto? I quite don't get WHAT difference it will make to you all British, Polish, Russian, Papuan or whatever nationality, if this lady stays here or goes? She is not taking your pudding, zrazi, borscht or whatever food it is out of you mouth does she? Have you recently been hired to patrol the border? This attitude is just ridiculous and narrow minded. You have all immigrated here, right? ( this includes USC who tend to forget that without immigration, they would not be here either) You already forgot that? Let's be real here, there are gazillions of undocumented immigrants in this country who are REALLY breaking the laws and when ONE who has family here tries to find a LEGAL way to stay, it is what they are being met with? This goes beyond the worst level of hatred and absurdity possibly imaginable.

Next WHY on earth would this person HAVE to adjust status with her K1 visa? The OP has never said that, I have never said that so take reading lessons, go get checked for ADHD or take attention classes, then take a deep breath as this poor lady is not going to steal your food. You all are SO angry and obsessed by "she should get the f*** out of here" that it clouds your already poor judgement . IF he option K1 is over ( and ONLY an attorney can say that) there could be other pathways, work visa, family sponsoring, etc, etc And NO, planning to hire a family member is NOT illegal in America...

Now if you all need to assuage your anger management issues or wanabe-border-patrol-officer frustration, no need to bother typing anything on here, go to the closest hardware store. There should be a spot, close-by, where illegals search for "off the books" work, they need your help to find their way home.... Among the various intellectual atrophies I have encountered, xenophobia from immigrants towards other immigrants is undoubtedly the most repugnant thing.

[Avery Cates 1,141]

100% fact, Really? So you were there? This is indeed ridiculous. As for VAWA, sorry to break that to you but VAWA is NOT the only path a victim of violence can take in America.

Then, the words you pick, talk for themselves. This is NOT about "boxing and battling" dude! You are missing the point by a 100 miles. Since when "defend the US from the invaders" had become your motto? I quite don't get WHAT difference it will make to you all British, Polish, Russian, Papuan or whatever nationality, if this lady stays here or goes? She is not taking your pudding, zrazi, borscht or whatever food it is out of you mouth does she? Have you recently been hired to patrol the border? This attitude is just ridiculous and narrow minded. You have all immigrated here, right? ( this includes USC who tend to forget that without immigration, they would not be here either) You already forgot that? Let's be real here, there are gazillions of undocumented immigrants in this country who are REALLY breaking the laws and when ONE who has family here tries to find a LEGAL way to stay, it is what they are being met with? This goes beyond the worst level of hatred and absurdity possibly imaginable.

Next WHY on earth would this person HAVE to adjust status with her K1 visa? The OP has never said that, I have never said that so take reading lessons, go get checked for ADHD or take attention classes, then take a deep breath as this poor lady is not going to steal your food. You all are SO angry and obsessed by "she should get the f*** out of here" that it clouds your already poor judgement . IF he option K1 is over ( and ONLY an attorney can say that) there could be other pathways, work visa, family sponsoring, etc, etc And NO, planning to hire a family member is NOT illegal in America...

Now if you all need to assuage your anger management issues or wanabe-border-patrol-officer frustration, no need to bother typing anything on here, go to the closest hardware store. There should be a spot, close-by, where illegals search for "off the books" work, they need your help to find their way home.... Among the various intellectual atrophies I have encountered, xenophobia from immigrants towards other immigrants is undoubtedly the most repugnant thing.

Do you even know what you're gibbering about at this point? Or are you just powering through whatever nonsense pops into your head?

When someone comes here looking for the facts, they receive the facts. They have been given them and no amount of senseless gibbering is going to change that.

She does HAVE to adjust status from MARRYING THE ORIGINAL PETITIONER or else return to her country. That's it. There is nothing a lawyer or anyone else can do to change that. If she now remains here past the date on her I-94, she is here illegally and starts accruing overstay, damaging and complicating any future attempts at legal immigration.

There is a chance that she can receive another visa in the future, if she doesn't overstay, but the fact remains to do that she MUST return back to her country for that process or be here illegally on day 91. It really can't be any more clear cut. There is no grey area on this, it is straight black and white.

And just for future knowledge, "batting" is a reference to baseball, neither boxing nor battling. You may not have realized that with a head full of crazy, so I also wanted to clarify it for you.

[novedsac 355]

You have all immigrated here, right? ( this includes USC who tend to forget that without immigration, they would not be here either) You already forgot that? Let's be real here, there are gazillions of undocumented immigrants in this country who are REALLY breaking the laws and when ONE who has family here tries to find a LEGAL way to stay, it is what they are being met with? This goes beyond the worst level of hatred and absurdity possibly imaginable.

No. There were people here when the country was established, therefore they are not immigrants. My paternal lineage established presence here in New England in 1645 and continued through the American Revolution and subsequent establishment of the United States.

American Indians also never immigrated here … and most of them are US citizens. Same with many residents of places such as Puerto Rico, Guam, US Virgin Islands, Northern Mariana Islands, etc.

Your ignorance is breathtakingly appalling.

Next WHY on earth would this person HAVE to adjust status with her K1 visa? T

Well, you very clearly have NO understanding of the k1 process … it takes more than just reading about it on the internet … a k1 is nonimmigrant visa, albeit ostensibly for the purposes of immigrating to the US … therefore, every k1 visa holder must apply for adjustment of status to become a legal permanent resident and then a citizen if so desired. It's basic Immigration 101.

IF he option K1 is over ( and ONLY an attorney can say that) there could be other pathways, work visa, family sponsoring, etc, etc And NO, planning to hire a family member is NOT illegal in America...

So, this should be her whining cry to the the USCIS when they tell her she's not eligible for ANY immigration relief given the circumstances we have been told : "but Mr. Immigation Officer, you're not an attorney so you've got to be mistaken … Mr. AT200000 told me that only an attorney's opinion matters." You place way too much faith in attorneys.

​And, yes, it IS ILLEGAL to employ a family member if they are NOT authorized to work in the US, which she currently is not. And the likelihood of USCIS approving a work visa, which itself is a difficult burden, for a family member is nearly impossible … or do you suggest they commit fraud and omit the part about them being related? Besides, even if she were to get a work visa, she still remains permanently ineligible to adjust status for legal permanent residency due to her failure to abide by the agreement SHE made to USCIS when she received the k1 visa.

Now if you all need to assuage your anger management issues or wanabe-border-patrol-officer frustration, no need to bother typing anything on here, go to the closest hardware store. There should be a spot, close-by, where illegals search for "off the books" work, they need your help to find their way home.... Among the various intellectual atrophies I have encountered, xenophobia from immigrants towards other immigrants is undoubtedly the most repugnant thing.

No, it is your complete lack of knowledge of the process and the predicament she is in that is repugnant and atrocious.

The recommendations of those knowledgable on this forum are not born of hatred, but rather concern for this aunt because we understand her nonexistent options for remaining in the US legally.

[AmyWrites 593]

100% fact, Really? So you were there? This is indeed ridiculous. As for VAWA, sorry to break that to you but VAWA is NOT the only path a victim of violence can take in America.

Then, the words you pick, talk for themselves. This is NOT about "boxing and battling" dude! You are missing the point by a 100 miles. Since when "defend the US from the invaders" had become your motto? I quite don't get WHAT difference it will make to you all British, Polish, Russian, Papuan or whatever nationality, if this lady stays here or goes? She is not taking your pudding, zrazi, borscht or whatever food it is out of you mouth does she? Have you recently been hired to patrol the border? This attitude is just ridiculous and narrow minded. You have all immigrated here, right? ( this includes USC who tend to forget that without immigration, they would not be here either) You already forgot that? Let's be real here, there are gazillions of undocumented immigrants in this country who are REALLY breaking the laws and when ONE who has family here tries to find a LEGAL way to stay, it is what they are being met with? This goes beyond the worst level of hatred and absurdity possibly imaginable.

Next WHY on earth would this person HAVE to adjust status with her K1 visa? The OP has never said that, I have never said that so take reading lessons, go get checked for ADHD or take attention classes, then take a deep breath as this poor lady is not going to steal your food. You all are SO angry and obsessed by "she should get the f*** out of here" that it clouds your already poor judgement . IF he option K1 is over ( and ONLY an attorney can say that) there could be other pathways, work visa, family sponsoring, etc, etc And NO, planning to hire a family member is NOT illegal in America...

Now if you all need to assuage your anger management issues or wanabe-border-patrol-officer frustration, no need to bother typing anything on here, go to the closest hardware store. There should be a spot, close-by, where illegals search for "off the books" work, they need your help to find their way home.... Among the various intellectual atrophies I have encountered, xenophobia from immigrants towards other immigrants is undoubtedly the most repugnant thing.

OP, do not listen to this person, lest Auntie will ruin her chances of future immigration.

[verysadguy 170]

I never said that her VAWA would be approved. I said basically that any Tom ####### or Harry can apply for VAWA and of course will be rejected. And she can apply again and again and again. That is in fact the truth about that. You can apply over and over and over and over again. Even if your case sucks. Fact

My silly pants are off now BTW.

DOES ANYONE HERE EVER QUESTION WHY THE NUMBERS FOR VAWA GO UP EVERY SINGLE YEAR? BECAUSE IT'S EASY AND PEOPLE AROUND THE WORLD KNOW IT'S POSSIBLE TO GET A GREEN CARD THAT WAY.

When you give stuff away for free people will take it. If you come from a destitute impoverished country that's probably communist or very repressive in nature You too would try your best by any means to get to the land of milk and honey. Fact

Edited May 11, 2014 by verysadguy

[belinda63 3,041]

The only way under the Law as it is now for her to remain in the US legally is by marrying the petitioner and filing for her green card. Note that just marrying him gives her no rights to remain in the US, she must also file to adjust status. This is not open to debate, to judicial review, or anything else. This is the law.

Sure she can obtain a different visa and return to the US with it. But note that she must leave the US to obtain the new visa.

I don't know where you think it is legal for someone with no status in the US to work. There are raids on companies monthly with a round up of unauthorized workers. No one can just come to the US and legally work. They have to have authorization from the government to work.

You are correct, if it weren't for immigrants I wouldn't be here. My mother came from Germany.....legally. My grandfather came from England......legally.

If You are Present in the United States as a K-1 Fiance(e)

You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means.

source http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

This is the requirement. There is no if, ands, or buts and anyone who is suggesting otherwise is giving false hope to the woman who is already devastated.

Edited May 11, 2014 by belinda63

[AT20000 38]

Hahaha truth is coming out! And this is by far the caviar of what I have ever heard on this forum! So let me summarize:

1 - you are not an immigration lawyer (hence you have no academic knowledge of immigration law).

2 - your family was there in the 1600s so obviously, you did not need a K1 visa to be here ( hence you don't even have ANY personal experience in K1)

YET, you are here giving formal advice about K1 visa....And of course I am the one who knows nothing about K1 visas...

Dude, I came here myself on a K1 visa and changed my way right in the middle of it. And mind you, I understood SO little to this process that I handled the whole process by myself. And get this: it spiraled down so much that I got approved in a blink of an eye... AND (oops I forgot) I guess I have been such an ignorant, that I will get to stay at least for 10 years...Still thinking I don't know what I am talking about?.

Now, I gathered that you are native American, and you obviously are a strong believer in hammering people with some of your blunt "truth". I guess it goes the same way for you though, right? So here it is You have to understand that as much as I sincerely deplore what has happened in this country, this war is OVER for centuries. You have also to understand that people currently immigrating to the US ( keyword currently) did nothing to your people as they OBVIOUSLY were NOT there at that time. Therefore, if you are angry, I recommend you direct your anger at the right type of persons. IF there is a grudge to hold for this (deplorable I reckon) part of the history, it is LOGICALLY NOT against CURRENT newcomers . You are definitely barking at the wrong tree here. That said I am done answering you, because for the above 2 reasons, you obviously do not qualify to answer these K1 questions.

OP: GO SEE A LAWYER ASAP, do not waste your time here. A good lawyer will not send your aunt on the wrong path. Some rare people are on this website to really help (Sandranj for example http://www.visajourney.com/forums/user/16778-sandranj/%C2'>

[novedsac 355]

Hahaha truth is coming out! And this is by far the caviar of what I have ever heard on this forum! So let me summarize:

1 - you are not an immigration lawyer (hence you have no academic knowledge of immigration law).

2 - your family was there in the 1600s so obviously, you did not need a K1 visa to be here ( hence you don't even have ANY personal experience in K1)

YET, you are here giving formal advice about K1 visa....And of course I am the one who knows nothing about K1 visas...

Dude, I came here myself on a K1 visa and changed my way right in the middle of it. And mind you, I understood SO little to this process that I handled the whole process by myself. And get this: it spiraled down so much that I got approved in a blink of an eye... AND (oops I forgot) I guess I have been such an ignorant, that I will get to stay at least for 10 years...Still thinking I don't know what I am talking about?.

Now, I gathered that you are native American, and you obviously are a strong believer in hammering people with some of your blunt "truth". I guess it goes the same way for you though, right? So here it is You have to understand that as much as I sincerely deplore what has happened in this country, this war is OVER for centuries. You have also to understand that people currently immigrating to the US ( keyword currently) did nothing to your people as they OBVIOUSLY were NOT there at that time. Therefore, if you are angry, I recommend you direct your anger at the right type of persons. IF there is a grudge to hold for this (deplorable I reckon) part of the history, it is LOGICALLY NOT against CURRENT newcomers . You are definitely barking at the wrong tree here. That said I am done answering you, because for the above 2 reasons, you obviously do not qualify to answer these K1 questions.

OP: GO SEE A LAWYER ASAP, do not waste your time here. A good lawyer will not send your aunt on the wrong path. Some rare people are on this website to really help (Sandranj for example

The only one who has demonstrated any anger at all here is you.

Yes, I wholeheartedly believe that you know absolutely nothing about what is being discussed in this thread. You've made so many statements that are clearly misguided if not patently false.

You've also clearly misread , if you've read at all, the terms of VJ - none of the advice given here has been even alluded to as formal. VJ is an informal do-it-yourself forum.

I'm willing to bet bottom dollar Sandraj would echo the advice which has been given here in this thread based on the information given thus far.

And your infantile perception comes up short once again - I'm not a Native American - so your whole diatribe about 'holding a grudge' and 'barking up a tree' are baffling - perhaps you've had a little too much grog tonight? Not that it's relevant, but I'm of primarily English descent with a little Welsh and Breton thrown. I'm also not a moron as you've quite capably represented yourself in this thread.

Enjoy your weekend.

Edited May 11, 2014 by novedsac

[Eric-Pris 1,607]

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.

Not fair? Depends on why he decided not to marry her. If he just changed his mind, yes, it's not fair that she left her country, possibly job/house/etc to be with him and he just changed his mind, then I agree, very unfair to her. However if, for example, he realized that she only wants to marry him for a GC card, then I would say it is not unfair to her.

[TBoneTX 45,873]

The rule is clear: the beneficiary can adjust status only through marriage to the original petitioner, and otherwise must leave the U.S. or accrue overstay. The beneficiary is welcome to consult an attorney. These answers have been stated multiple times. Because the thread has begun to degenerate into bickering and name-calling, it is being locked. This thread is not to be restarted, and its drama is not to be carried into other threads. The OP is welcome to return later in a new thread to provide an objective update to the situation, if desired.

TBoneTX

VJ Moderation

Edited May 11, 2014 by TBoneTX