Residency without signing I864

[Going through 5,671]

3 hours ago, PirateLiker said:

Many times I think I should go ahead and marry and adjust status and let the chips fall where they may.

What's ironic about this statement, is that if you changed course and suddenly pretended everything was fine, and then got married because you felt you "owed her a favor" or just so she could AOS later on--- it would be you, the USC, that would be committing immigration fraud...not her.

[nastra30 2,329]

Oh wow. This thread (plot) is still going.

In a movie or play, the protagonist is the main character, often a hero. The antagonist is the character who opposes the protagonist, often a villain. But according to this plot (this thread), the protagonist is the main character, often @PirateLiker, the villain. The antagonist is the character who opposes the protagonist, often @everyone else (heroes). I still have more popcorn.

Edited January 22, 2019 by nastra30

[PirateLiker 11]

44 minutes ago, aaron2020 said:

My guess is that the OP was previously married and had to give up "his" assets in a divorce and doesn't want to go through that again.  He asked about getting a prenup before she entered the US.

Yes that is true, but it does not justify my actions.

[Going through 5,671]

11 minutes ago, carmel34 said:

After the 90 days, with no marriage or AOS, is he breaking any immigration laws by continuing to use her, letting an illegal alien live with him, preying on her "hopes" that it might work out over time? 

Aiding and abetting an illegal alien, comes to mind.

 

11 minutes ago, carmel34 said:

Or would her becoming illegally here in the US be on her, not on him? 

It would be on her, if she chose to not leave the US....on him would be the aiding and abetting part mentioned above, if he's assisting her in alluding any authorities.

 

11 minutes ago, carmel34 said:

If someone who knew his name called USCIS to report visa fraud and explained the situation, would they do anything?  Essentially he is causing her to become illegal soon, and that sounds a lot like visa fraud to me.

The fraud part (on him) would come if he knowingly married her and then filed the AOS just so she could get a green card....which kinda seems to be something he's considering, now, with his "let the chips fall where they may" comment earlier.

 

The fiancee is likely easier to find and inform about threads and such, if one was inclined to do so.

 

 

Edited January 22, 2019 by Going through

[HonoraryCitizen 179]

6 minutes ago, carmel34 said:

Would not OP's actions in this case rise to the level of visa fraud on his part?  

This would be clear misrepresentation if he were the beneficiary. Fortunately or unfortunately American citizens do not suffer any immigration penalty for that. Alas it's the non citizen who gets hosed when these things happen.

[ineedadisplayname 502]

3 hours ago, PirateLiker said:

First of all, thank you to those of you who pointed out that both A and B result in illegal status. Does anyone know where it is codified that B results in illegal status? What triggers the illegal status? Is it not having I864 signed by a certain number of days after the marriage? Or a certain number of days after the visa was used?

Her I-94 has an expiry date. Passed that day she is an illegal. Doesn't matter if you get married or not. AFTER filing for the GC makes her presence tolerated until she receives the greencard.  And based on the EAD  paperwork you are filing with the GC application she can get a DL and work.

Edited January 22, 2019 by ineedadisplayname

[nastra30 2,329]

The Avengers against Thanos (@pirateliker). VJ war.

[ineedadisplayname 502]

3 hours ago, PirateLiker said:

I agree, you can't control everything in life. There are no guarantees. Many times I think I should go ahead and marry and adjust status and let the chips fall where they may. At this point that is still what she wants. I am a terrible person but I do hate the fact that I've hurt her so badly. 

 

I have already given her money for a plane ticket plus 4 months of her previous wages. 

 

I don't need anyone's pity, but I do detest what I've done and myself.

And she didn't leave?

If you did that then you have to tell her to go home or move out or whatever. After that, it is her problem if she wants to stay illegally in the US, but  the two of you need an official breakup and somebody to move out from the place where the two of you are staying. Or if you want all the "benefits" she is brings then marry her and sign the papers and adjust her status...

[Daniela M_______ 410]

29 minutes ago, carmel34 said:

Since this (very sad) thread is still open, I'll ad a question that came to mind as I read through it.  Would not OP's actions in this case rise to the level of visa fraud on his part?  He filed for a K-1 with a letter of intent to marry his fiancee, and followed through with the process, even sending tax information to her for the interview in Kiev to show that he would support her financially.  The 129F has a place for him to sign stating that it is true.  Can he now disregard all of that and just let this lady become illegal after 90 days in the US?  Or would her becoming illegally here in the US be on her, not on him?  If someone who knew his name called USCIS to report visa fraud and explained the situation, would they do anything?  Essentially he is causing her to become illegal soon, and that sounds a lot like visa fraud to me.  After the 90 days, with no marriage or AOS, is he breaking any immigration laws by continuing to use her, letting an illegal alien live with him, preying on her "hopes" that it might work out over time?  The evidence on his VJ posts would be enough to show his true intentions are not good.  Isn't he basically using the K-1 to bring girls to the US under false pretenses (to get to know them better?  companionship?  to hold hostage in a sense by leading them on and on and on...)?

The way I see it (and I understand your point) is that is the beneficiary responsibility to use the visa as is intended. If they decide to get married and he doesn't want to fill for AOS then maybe what you are saying would be a thing, but if she decides to stay under his creepy rules (not married) and not to leave for her country, then it would be on her.

[K1visaHopeful 2,872]

20 minutes ago, ineedadisplayname said:

 Or if you want all the "benefits" she is brings then marry her and sign the papers and adjust her status...

🤮

[Sarah G 179]

I WISH I could have married my USC husband and it automatically gave me some sort of right to stay with him in his country with no repercussions. 

 

But it doesn't. It would make me an illegal immigrant, which would SUCK. It's dull for two months when I visit that I can't go anywhere or do anything while he is at work. I could not and would not sign up for that for life. Or find a crappy job and be exploited because my lack of status would put me forever at the mercy of others. No thanks. 

 

That's why my husband, and the several thousand other USC spouses on this site, file for people like me to get visas. And they sign their affadivit of support without hesitation. Because it is the only way to be together. Because we have to be together.

 

Do yourself and her a favour and stop this madness. 

[Loren Y 2,756]

2 hours ago, millefleur said:

After seeing that photo and all those documents (had no idea it was THAT much for a K-1), it's so obvious that the K-1 visa is not for people who want to just marry on a whim without real commitment. Wow. Either the OP had no idea what he was in for or he's just manipulative and knew the consequences for her. I really hope she can return to her home country and get out of this mess in time.

As other posters have stated, that photo is for AOS. Now, in reality the Cover sheet and the first 2 forms are single page and took me 5 min to fill out and print. They are just an electronic receipt, and the credit card charge form. Then the other 2 important ones are the I485, and the I864. These are the minimum you need to adjust status and get your green card. I also filled out the 2 extra forms the I765, and the I131 for Employment authorization, and for the advanced parole card that is needed for work and travel, but these last 2 are not needed if you are willing to wait for the green card to arrive. The biggest one the I485 is only 15 pages, of those only about 7-8 require any thought, the other pages are questions yes and no, and extra stuff at the end. All in all using the guides available here, and since I have spent most of my life since beginning this process on this website watching questions get posted and the answers that followed as I filled these out it was a breeze. I would get to questions and be like.. I remember that post here on VJ, or I saw that in the guides, etc. etc. and maybe I was just well prepared, but this time around I found the forms much easier. It could be after all the practice I got on the I129F, you learn really quick what they mean with the questions, and what they want for an answer, and you learn how to interpret the instructions like a pro.

Edited January 23, 2019 by Loren Y

[dnyal 32]

The instructions for the AOS from K-1 are clear in that the fiancée "will always have a green card available to" her as long as the marriage had happened within the 90 days after arrival. So, you could marry her before her I-94 expires and simply do nothing. After that period, she would be in an irregular immigration situation, but you guys could start the process of AOS at any moment later on (as long as the marriage had taken place within the 90-day period). Don't even try to submit the AOS package without the affidavit of support or without signing it; the lockbox facility would simply return the application.

Now, you signed an affidavit of support for the form I-129F: form I-134. If she got her K-1 visa approved, that means that for the embassy interview a signed form I-134 was presented. That means you are not off the hook with her. Even if you don't marry her and she stays irregularly in the US, if for some reason she applies for section 8 or receives food stamps or some other assistance, the US government will collect the money from you regardless. They can even take the money from your tax refund or even garnish your wages.

In any case, whether you sign the I-864 form or not, you already did sign an affidavit for the K-1 visa and if she stays, you will have the responsibility to support her. So, if you wanna be totally off the hook, your only option is to send her back.

[Boiler 45,948]

1 minute ago, dnyal said:

The instructions for the AOS from K-1 are clear in that the fiancée "will always have a green card available to" her as long as the marriage had happened within the 90 days after arrival. So, you could marry her before her I-94 expires and simply do nothing. After that period, she would be in an irregular immigration situation, but you guys could start the process of AOS at any moment later on (as long as the marriage had taken place within the 90-day period). Don't even try to submit the AOS package without the affidavit of support or without signing it; the lockbox facility would simply return the application.

Now, you signed an affidavit of support for the form I-129F: form I-134. If she got her K-1 visa approved, that means that for the embassy interview a signed form I-134 was presented. That means you are not off the hook with her. Even if you don't marry her and she stays irregularly in the US, if for some reason she applies for section 8 or receives food stamps or some other assistance, the US government will collect the money from you regardless. They can even take the money from your tax refund or even garnish your wages.

In any case, whether you sign the I-864 form or not, you already did sign an affidavit for the K-1 visa and if she stays, you will have the responsibility to support her. So, if you wanna be totally off the hook, your only option is to send her back.

The I 134 is generally considered unenforceable.

 

Irregular? New one to me.

[mary&felipe 25]

People like you hold up immigration processes for the rest of us. If you aren't sure about the relationship, let the poor woman go and stop wasting everybody's time! my kids haven't seen their father in 6 months due to how long this process is, I WISH the only thing standing between me and my husband was signing a damn form. ugh..