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Clemfish

K-1 person doesn’t work out

By Clemfish in Effects of Major Family Changes on Immigration Benefits

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carmel34 Experienced

carmel34   3,650

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted
21 hours ago, Clemfish said:

My question is what if a person came here (USA) on K-1 and the American and the person (K-1) don’t “match” but the K-1and I do. I am a American citizen can she marry me instead? We had been communicating for awhile (1 year) but because of CoVID we dropped out of communication and now the K-1 is here (USA) . But has found she is not in a good situation. 
I would be willing to pay the K-1 fees , if needed. 

She needs to leave the US before her 90-day mark.  She can only return with a proper visa.  Her current K-1 was only good for one entry, to marry the petitioner, no other purpose is permitted.  If she overstays or tries any other path, it will cause problems for her down the road.

Boiler Grand Master

Boiler   45,837

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

There is also asylum now which would be easier ?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Ontarkie Grand Master

Ontarkie   14,345

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Moved to Effects of Major Life Changes, from K1 P&P - The Op's girlfriend has already used her K1 Visa and the Op is asking about his steps, this is a more appropriate forum for this topic.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Aussielad Community Regular

Aussielad   37

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted
On 3/31/2022 at 5:44 PM, Crazy Cat said:

From which country did she come?

irrelevant question to the situation....she can't adjust to the other person...

Oct 29th 2004 -Met online
Oct 29th -First phone call
Dec 25th -She purposed and i said Yes!
May 10th I-130 Packet and Packet 3 sent off to me by the U.S. Consulate
May 16th -Received Packets 1-3 from the U.S. consulate
June 29th -I arrived in Puerto-Rico!
July 2nd -Married in Mayaguez, Puerto-Rico and also got our interview date for September 6th
August 17th -We arrived in Australia to file for Sep. 6th
September 6th - Filed DCF in Sydney and approved 1 hour later!
September 12 -Received my passport with the visa and yellow packet
November 24th -POE.......Guam,USA
December 12, 2005-Green Card arrived in the mail
September 11, 2007 -Filed I-751 on conditions
September 17 -VSC Receives my I-751 and issues NOA1
Oct 10 -Had biometrics taken in San Juan, Puerto Rico ASC
Oct 12 -Touched.
Aug 21, 2008 -Approved!...........finally
Sep 17, 2008 -Mailed off N-400
Oct 22, 2008 -Biometrics taken in San Juan ASC
Feb 12, 2009 -N-400 Interview
Feb 26, 2009 -Oath.....the end.

....................................*What we do in this life will have an echo in the life to come*...............................

Crazy Cat Grand Master

Crazy Cat   42,028

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
1 hour ago, Aussielad said:

irrelevant question to the situation....she can't adjust to the other person...

No, it isn't irrelevant when considering the possibility of visitation after she leaves the US.  It is also relevant to the amount of scrutiny she might expect for future visa applications.  You are correct in that she cannot adjust through the other person.  Unless there is a VAWA claim, her options are extremely limited.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
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