APPROVED, ALREADY IN USA BUT FIANCE BROKE UP

[Aitara 0]

Hi I just want to ask how I'm going to deal with my situation right now, my fiance stopped contacting me days before my expected flight. But I still got in my flight to USA because I have a ticket already. I'm staying with my soon to be adoptive parents, and they're also Americans. My fiance never bothered contacting me again which is really strange. Although he told my adoptive parents here that he doesn't want to be part of it anymore and his mom wants to void my Visa. I kind of read some part of Affidavit of Support that he/she can be sued if I become a public charge when I finally get in the USA. My parents here are planning to file a report against him for abandoning me, and for getting me pregnant. Do I have rights to do that?

[Crazy Cat 41,904]

Under the current circumstances, you will have to leave the US within 90 days...........You can not stay......there is no legal recourse (other than child support)....He is under no legal obligation to support you......

Edited June 17, 2019 by missileman

[gregcrs2 1,778]

You used your fiancé visa upon entering the USA.   So there is no visa to avoid even if they could. 

[USS_Voyager 1,972]

9 minutes ago, Aitara said:

I kind of read some part of Affidavit of Support that he/she can be sued if I become a public charge when I finally get in the USA

Not for fiancee visa. For spouses you can. 

 

9 minutes ago, Aitara said:

My parents here are planning to file a report against him for abandoning me, and for getting me pregnant. Do I have rights to do that?

By all you means, you have the right to do that. However, it's not gonna do anything to him. Getting someone pregnant is not a criminal act, unless it's rape. The only thing you can get from him is child support. He is legally obligated to support his kid until the kid is 18 under US laws. However, finding him and collect from him might be a problem. 

 

So you are in the US on the K-1? My advice is to prepare to leave the US before the I-94 expires (90 days after your entry to the US). Do not overstay. Prepare yourself mentally to move on from this guy. He is not worth it. You will find somebody else that will treat you better. 

[junkmart 320]

11 minutes ago, Aitara said:

Hi I just want to ask how I'm going to deal with my situation right now, my fiance stopped contacting me days before my expected flight. But I still got in my flight to USA because I have a ticket already. I'm staying with my soon to be adoptive parents, and they're also Americans. My fiance never bothered contacting me again which is really strange. Although he told my adoptive parents here that he doesn't want to be part of it anymore and his mom wants to void my Visa. I kind of read some part of Affidavit of Support that he/she can be sued if I become a public charge when I finally get in the USA. My parents here are planning to file a report against him for abandoning me, and for getting me pregnant. Do I have rights to do that?

As a K1 visa entrant, I believe your only path to remain in the US is to marry your fiance. Otherwise, I think you must return home. I'm confused about your soon to be adoptive parents in the US. How old are you? I don't think this could be considered abandonment, and it takes two to make a baby, unless you were raped, in which case you should file a police report yourself, unless you are under age.

[aleful 1,905]

hi

 

nope, the affidavit is non binding, you need to return to your country before your i94 is up,  you know that if you don't marry the petitioner, you have to return to your country. you can't overstay and marry another US citizen to adjust status. The fiancé visa is a one way entrance, it is cancelled once you enter the country. That's why you have to marry within the 90 days and adjust status or return to you country before the i94 expires. 

 

once the child is born you can sue him for child support, but he has no obligation to support you and you will be living illegally in the country and deportable. you depend on the fiancé petitioner and you have no grounds of staying here illegally

 

what you read about the affidavit of support, if you had married and you got your GC based on marriage, in some cases the spouse can be responsible for you, but not for a fiancé visa, you are on your own if you choose to stay illegally in this country

 

there is no crime in having cold feet and not continue the process, it is your obligation to return to your country and it was your risk to come here on a fiancé visa. there is nothing to report.

 

I'm sorry it happened to you but it is better now, you can return to you country and find love again.

 

 

[geowrian 22,337]

1) The I-134 used for a K-1 is not legally enforceable. The I-864 for AOS is, but even then you have to actually get the green card via that I-864. So no, you cannot sue under the Affidavit of Support.

2) You have no legal basis to remain in the US. K-1 visa holders can only adjust status to that of a permanent resident via the original petitioner. After the 90 days of legal status from entry expire, you will be out of status and deportable.

 

You can sue for child support and such as applicable. Seek a family law attorney. You are not entitled to any such support...it needs to be worked out in the courts.

Also note that if you give birth in the US, the child will be a US citizen. If you are deported, the other parent may exercise their rights to keep the child within the US. This also applies if you want to voluntarily leave the US after birth....the other parent's permission or a court order is required to take the child out of the US. Otherwise it is considered child abduction.

 

29 minutes ago, Aitara said:

But I still got in my flight to USA because I have a ticket already.

This is pretty shady. The purpose of the K-1 visa is to marry the petitioner. If you entered without intent to do so, that is potentially fraud.

Edited June 17, 2019 by geowrian

[givionte 138]

Your story has a lot of holes.  Adoptive parents?  Are you underage, how did you plan to get married?  Who are these "adoptive parents", and why are you seeking them out?  If you had parents, they could attempt to help you immigrate.

 

As mentioned, you can't go to the US if you will not be getting married to your fiance.  Contact your airline and see if they can cancel and pray they give you at least a partial refund on the fare.

[gregcrs2 1,778]

Just now, givionte said:

Your story has a lot of holes.  Adoptive parents?  Are you underage, how did you plan to get married?  Who are these "adoptive parents", and why are you seeking them out?  If you had parents, they could attempt to help you immigrate.

 

As mentioned, you can't go to the US if you will not be getting married to your fiance.  Contact your airline and see if they can cancel and pray they give you at least a partial refund on the fare.

She is already in the USA.

[DonnieOlena 74]

Yes this whole adoptive parents things is strange. It sounds as if you are either underage and pregnant , you are here now knowing you will not marry within 90 days. Question now is when is baby due ? 2 months or less? Major strangeness here. I hope not here just to have child in US

[Crazy Cat 41,904]

23 minutes ago, Aitara said:

Hi I just want to ask how I'm going to deal with my situation right now, my fiance stopped contacting me days before my expected flight. But I still got in my flight to USA because I have a ticket already. I'm staying with my soon to be adoptive parents, and they're also Americans. My fiance never bothered contacting me again which is really strange. Although he told my adoptive parents here that he doesn't want to be part of it anymore and his mom wants to void my Visa. I kind of read some part of Affidavit of Support that he/she can be sued if I become a public charge when I finally get in the USA. My parents here are planning to file a report against him for abandoning me, and for getting me pregnant. Do I have rights to do that?

Where are you?   

[gregcrs2 1,778]

2 minutes ago, missileman said:

Where are you?   

Thread title says already in USA.

[Unlockable 7,314]

*** Moved from K-1 Fiance(e) Visa Process & Procedures to "Effects of Major Family Changes on Immigration Benefits"

 

VJ Moderation

[Crazy Cat 41,904]

1 minute ago, gregcrs2 said:

Thread title says already in USA.

Yea, but the post says "when I finally get in the USA".......I'm not sure where she is at the moment....LOL

[arken 4,197]

33 minutes ago, Aitara said:

 My parents here are planning to file a report against him for abandoning me, and for getting me pregnant. Do I have rights to do that?

Unless you are an underage girl, a report can’t be filed for getting you pregnant.