What to do, fiancee came on K1 visa, now leaving

[Unlockable 7,315]

Him thinking she was using him for a GC still isn't evidence.

Didn't say he had evidence. I said I don't know what evidence he has. It is also HIS feeling of fraud.

None of which will matter one bit to USCIS, she has no legal path to stay. His case was closed when the visa was issued and used. Had she filed to adjust status after marriage then a new case would have been opened. At the current time there is nothing for him to do. There are no open cases. The only thing open is her I-94 which allows her to legally stay in the USA for 90 days if she marries or not. He didn't marry her, what she does now is up to her and not him. Even if she chooses to stay illegally, he can't force her onto an airplane.

Correct. Hence my original post below...

Peachtree,

For your mental comfort know that you have nothing to worry about. Even if she choose to stay here she will not have a legal path to become either a resident or citizen. She wouldn't even be able to find another USC to marry and adjust status. To frankly put it she would be royally screwed. So she must return home.

And to add a cherry on top you can notify USCIS to cancel your case based on fraud so any future K1s she happens to try for may have that information on file.

Edited May 6, 2016 by NuestraUnion

[Loki_Go 126]

There is no fraud here.

She can certainly stay illegally for years and eventually find another USC to marry and adjust.

There is no possible way to put a 'mark' on her immigration record to affect any of her future K1s.

That's the incorrect info in your post I was referring to.

[JFH 12,191]

Not sure if this will affect me if I try going through this process again with another fiancee or wife.

You will need a waiver if it is less than two years since the first one before you can apply for the second K1.

Or marry a local lady and not have to deal with USCIS ever again.

[peachtree 7]

Thanks for all the input guys. To answer some of the questions, she is from Cambodia. I am too but I have been here a long time. This has been a long on going process. We have been in a "relationship" for almost 4 years. And I have visited her 3 times. But I have not visited her almost a year and a half.

She had failed the first interview back in 2013. I had to reapply and submit a waiver request. Finally got another interview last month and finally passed. Since I have not seen her for a year and a half, in her wrong mind she did something I would have never thought. She met someone and had a more serious relationship (I didn't know until last week).

Well she arrived two weeks ago, within a week I found out she is pregnant! That just threw everything into a different perspective for me. It felt like I am walking around with 50 stabbed wounds in my chest.

The good part is she wants to go back on her own. I did not have to force her. The environment here is different than her home. I live in a quiet neighborhood and I work 5 days a week. She feel like she is a prisoner being home all day and not seeing anyone. Unlike back home for her, it's noisy and crowded, she can walk down the street to buy food or shop. Her picture of American life was out having fun everyday with lots of cash! lol.

She was able to get money for a plane ticket back. I booked a ticket for her. Her flight leave tomorrow night. I am having to drive 3 hours to take her there and will make sure she leave. I know for a fact she will get on that flight, she is home sick and wants to see her family again.

I figured my case was closed after she got her visa. Since I have not married her or process anything yet, I don't see anything else I need to do. I do not care if someone else petition her to come here again. She can do as she wished as long I am cut ties with her.

For future reference, I am being more cautious having an over-sea relationship. I'm sure I picked up a bad apple on this one.

Edited May 6, 2016 by peachtree

[kris&me 572]

i think the country she is from does matter as some as more fraululent than others

it can not appear that he is helping get visas

and i would drive her to airport

who is to say she will actually leave the US as someone else on here said his GF got visa and flew in (not to him)

who is to say this woman will actually leave the US

i heard of a woman getting a K1 visa (on on VJ) that came with 3 bf's in the US telling 2 of them she was coming on tourist visa

she didn't like the one she came for and went to one of the others and married / he applled for AOS and she slipped through the system and was approved

/ no one questioned why she did not marry the man she came for

he was unable to stop the process

[SanneW 30]

Really sad to hear this man... I really hope you'll have more luck next time, wherever your girlfriend is from. Getting cheated on and all that isn't really something anyone should go through.

Don't give up on love, or trust. Keep your head up high.

[N and J 88]

I need some help or suggestion on what to do. I have spent numeral hours and money on bringing my fiancee to the states. We finally got through the hardest part, passing the interview and getting the K1 visa. I bought a one-way ticket for her couple weeks after.

She finally arrived, I start to prepared to get her SSN, marriage, and the AOS. Now we are going through issues, long story short, she cheated on me (with someone back at her home) and seem like she's using me as a ticket to come here. Anyways, we are ending this and she is going back home. She got her family to send her money to buy a ticket back home.

My question is, she should have no problem going back correct? She does have valid passport.

I have not started any paper work here yet, is there something I need to do to close my case? or let USCIS know? Or just leave it alone and it close itself. Not sure if this will affect me if I try going through this process again with another fiancee or wife.

MAKE SURE SHE GETS ON THE PLANE!!!!! My ex took off and is here illegally. If you meet someone else from another country it will without a doubt be a problem if she doesn't get on the plane. I just filed my second K1 visa. I am waiting to see what RFE I get or to see if we are even approved. Good luck!!

[N and J 88]

There is no fraud here.

She can certainly stay illegally for years and eventually find another USC to marry and adjust.

There is no possible way to put a 'mark' on her immigration record to affect any of her future K1s.

That's the incorrect info in your post I was referring to.

She cannot marry someone here and adjust her status. OPs name is on the passport as a petitioner and it says a K1 visa. My ex is here illegally and I was told flat out from immigration he could get married but he will never be able to get his papers and if he leaves he will have a 10 year ban because he has been here 2 years illegally.

[peachtree 7]

MAKE SURE SHE GETS ON THE PLANE!!!!! My ex took off and is here illegally. If you meet someone else from another country it will without a doubt be a problem if she doesn't get on the plane. I just filed my second K1 visa. I am waiting to see what RFE I get or to see if we are even approved. Good luck!!

Yes, from reading all the horror stories here, I planned to get a ticket to go pass security check point and wait with her by the flight's door.

[Harpa Timsah 13,258]

There is no fraud here.

She can certainly stay illegally for years and eventually find another USC to marry and adjust.

There is no possible way to put a 'mark' on her immigration record to affect any of her future K1s.

That's the incorrect info in your post I was referring to.

A K1 can only adjust through the original petitioner. They cannot marry someone else and do a concurrent filing to get a GC.

[N and J 88]

Yes, from reading all the horror stories here, I planned to get a ticket to go pass security check point and wait with her by the flight's door.

Justt make sure you stand there too until the plane is gone. I am sorry but you never know. It is easy to say your family sent you money for a plane ticket act like you are getting on the plane and as soon as the person turns to leave you run out the back door.

Edited May 6, 2016 by N and J

[templeton 120]

She cannot marry someone here and adjust her status. OPs name is on the passport as a petitioner and it says a K1 visa. My ex is here illegally and I was told flat out from immigration he could get married but he will never be able to get his papers and if he leaves he will have a 10 year ban because he has been here 2 years illegally.

Yes, from reading all the horror stories here, I planned to get a ticket to go pass security check point and wait with her by the flight's door.

Sorry, realized too late I quoted the wrong post by N and J. I meant to reference the one telling the OP to make sure she gets on the plane.

OP, don't listen to this person. In NO way is it your responsibility to ensure she gets on the plane, nor do you have any legal means to "MAKE" her do so anyway. You are not ICE.

At this point she is more or less here on a visitor visa and is LEGALLY allowed to stay for 90 days from the day she arrived. If she wants to leave now, great. If she decides to leave at 89 days, that's her decision. If it makes you feel better, drop her off at the airport, help her with her bags and watch her go through security and then drive away. If she suddenly changes her mind, and tells you she's not leaving and going to live here forever as an undocumented immigrant, you still drive away. It's not your problem no matter what happens.

Edited May 6, 2016 by templeton

[TBoneTX 45,863]

Have some of the last respondents even read the OP's decision, a few posts up?

http://www.visajourney.com/forums/topic/594961-what-to-do-fiancee-came-on-k1-visa-now-leaving/?p=8130169

Edited May 6, 2016 by TBoneTX

[Caryh 5,206]

Sorry, realized too late I quoted the wrong post by N and J. I meant to reference the one telling the OP to make sure she gets on the plane.

OP, don't listen to this person. In NO way is it your responsibility to ensure she gets on the plane, nor do you have any legal means to "MAKE" her do so anyway. You are not ICE.

At this point she is more or less here on a visitor visa and is LEGALLY allowed to stay for 90 days from the day she arrived. If she wants to leave now, great. If she decides to leave at 89 days, that's her decision. If it makes you feel better, drop her off at the airport, help her with her bags and watch her go through security and then drive away. If she suddenly changes her mind, and tells you she's not leaving and going to live here forever as an undocumented immigrant, you still drive away. It's not your problem no matter what happens.

This it exactly how it is. There's really nothing he can legally do to stop what ever she wants to do. He can help her get there, but if tries to force her on a plane, he's more likely to be arrested than get her on the plane.

You have no liability for her any longer. Help her return home if that's what she wants and that's the end of it.

[peachtree 7]

This it exactly how it is. There's really nothing he can legally do to stop what ever she wants to do. He can help her get there, but if tries to force her on a plane, he's more likely to be arrested than get her on the plane.

You have no liability for her any longer. Help her return home if that's what she wants and that's the end of it.

That is pretty much how it is. I am not forcing her. She is leaving on her own will at the same time I am asking her to leave. For my own sake, I need to confirmed she is on the plane. I may pull out my cell phone and record the event. If she does not get on the plane, that would be her problem to figure a way to stay. I have nothing binding with her. Except her cell phone, which I will take back by tomorrow. I am monitoring her calls too, she is not using any chat apps, so far nothing suspicious.