Need Help K1 expiring Didny marry afraid to go back?

[connieConz 0]

I need some good advice here... I met a guy in US , I am from China.. he came to visit me once for 2 weeks in China and we talked via phone and e-mail for many months.. he filed a K1 for me and came to my interview at embassy and I got the K1 we left togeahter... I left my job and everything behind tobe with him.. Unfortunatley.. after getting to the US.. I found out he was a alchoholic and drug user.. I do not wish to be with this man.

I left after 3 weeks.. his home.. and didnt tell him where I went. I feel bad I was so foolish to make a bad choice.. but now I met another wonderful man who also has been looking to meet a nicelady from China. I have been living with him almost for 2 months now.. we get along wonderfully and I want to continue to be with him.. He even said he would apply for me another K1..

But Im worried to go back .. my 90 days is running out soon.. If I stay I have researched there is no way to adjust my status .. is there a way??

I am afraid if I go back, and try to get another K1 , I will get denied .... has anyone ever been in this situation where they have changed theri mind and wanted to come back.. and actually got another K1.. what are my odds to get another..

I see if I stay and overstay my visa and we get married and I go back and try to do consular processing.. it is a 50/50 chance I can come back..

need some good advice.. is it possible to get a 2nd K1 so soon after coming back to China.. what are my odds..

Also will my being with 2nd guy living togeather for 2 months be enough proof of evidance for relationship to the embassy in China.. what will they think of me asking for a 2nd K1.. will he need to come to China for a visit or is 2 months with each other enough.. he has handicapped child and will be hard to leave... do we have enough proof togeather.. Any help appreciated

Connie

[MaRoul 0]

I'm not the most experienced person in immigration law or anything, but it sounds like you need to talk to a good lawyer. Sorry to hear about your bad experience!

Maria

[YuAndDan 153]

Similar post on "A Candle for Love" Chinese immigrations forum.

http://candleforlove.com/forums/index.php?...c=27658&hl=

This comes up often on VJ.

Some suggest marriage to a different US Citizen, and that different US Citizen files I-130 and I-485 concurrently to adjust status based on the newer visa petition the I-130 for (CR-1), this works for other non-immigrant visa types like student, tourist, business, etc. (May or may not work because of the K-1)

Others indicate the K-1 obligates the non-immigrant to marriage to the citizen who petitioned for the K-1, and the only other option is to return home.

This is a good question for an immigrations lawyer.

[YuAndDan 153]

This member on Candle was allowed to adjust status based on abusive relationship, but she did marry the abuser first before having the problems.

http://candleforlove.com/forums/index.php?showtopic=18398 (Scary but True)

[mox 298]

If you do overstay your visa, your chances of successfully obtaining a new K-1 go down, so keep that in mind. On the other hand, if you leave before the 90 day period, your chances are relatively decent that you will be approved for another K-1, but of course you will have to go back to China and wait.

I have to agree with the other poster. Get an immigration attorney, and do it now. The longer you wait the fewer options you will have.

Best of luck to you, I'm sorry things turned out so badly for you.

[eau_xplain 2]

But Im worried to go back .. my 90 days is running out soon.. If I stay I have researched there is no way to adjust my status .. is there a way??

Connie

Hi Connie,

Unfortunately, you are correct in that there is no way for you to adjust your status right now. The form I-485 clearly states:

10. Who Is Not Eligible to Adjust Status.

Unless you are applying for creation of record based oncontinuous residence since before January 1, 1972, oradjustment of status under a category in which

specialrules apply (such as 245(i) adjustment, asylumadjustment, Cuban adjustment, special immigrant juvenileadjustment, or special immigrant military personneladjustment), you are not eligible for adjustment ofstatus if any of the following apply to you:

7. You were admitted as a K-1 fiancé(e), but did not marrythe U.S. citizen who filed the petition for you

You can, however, marry while you are still here, return to China and file for either a K3 or CR1/CR2 visa. Just be sure not to stay beyond the date indicated on your I-94.

[Teacher Mark 53]

Sorry to take a hard line but to quote Shakespeare "Something is rotten in the state of Denmark". This may be a bit off base but you just met a guy here to marry? Have you talked to your husband about treatment? Recovery is possible. You need to go back and do the leg work properly if you are going to leave the man who went through hell to get you here. If he is using drugs and alcohol by all means leave him if he won't seek treatment. There are probably many reasons that this comes up often on this site.

[pushbrk 13,099]

I need some good advice here... I met a guy in US , I am from China.. he came to visit me once for 2 weeks in China and we talked via phone and e-mail for many months.. he filed a K1 for me and came to my interview at embassy and I got the K1 we left togeahter... I left my job and everything behind tobe with him.. Unfortunatley.. after getting to the US.. I found out he was a alchoholic and drug user.. I do not wish to be with this man.

I left after 3 weeks.. his home.. and didnt tell him where I went. I feel bad I was so foolish to make a bad choice.. but now I met another wonderful man who also has been looking to meet a nicelady from China. I have been living with him almost for 2 months now.. we get along wonderfully and I want to continue to be with him.. He even said he would apply for me another K1..

But Im worried to go back .. my 90 days is running out soon.. If I stay I have researched there is no way to adjust my status .. is there a way??

I am afraid if I go back, and try to get another K1 , I will get denied .... has anyone ever been in this situation where they have changed theri mind and wanted to come back.. and actually got another K1.. what are my odds to get another..

I see if I stay and overstay my visa and we get married and I go back and try to do consular processing.. it is a 50/50 chance I can come back..

need some good advice.. is it possible to get a 2nd K1 so soon after coming back to China.. what are my odds..

Also will my being with 2nd guy living togeather for 2 months be enough proof of evidance for relationship to the embassy in China.. what will they think of me asking for a 2nd K1.. will he need to come to China for a visit or is 2 months with each other enough.. he has handicapped child and will be hard to leave... do we have enough proof togeather.. Any help appreciated

Connie

As I see it, you have a decent chance of being granted another K1 visa but only if you don't overstay the first one. Another option is marriage in China and going the immigrant visa route. Your first situation will need to be well documented and you'll need plenty of bona fide relationship evidence for any second try. An overstay will kill all chances, IMO. Get back to China.

Edited October 28, 2007 by pushbrk

[diadromous mermaid 36]

I need some good advice here... I met a guy in US , I am from China.. he came to visit me once for 2 weeks in China and we talked via phone and e-mail for many months.. he filed a K1 for me and came to my interview at embassy and I got the K1 we left togeahter... I left my job and everything behind tobe with him.. Unfortunatley.. after getting to the US.. I found out he was a alchoholic and drug user.. I do not wish to be with this man.

I left after 3 weeks.. his home.. and didnt tell him where I went. I feel bad I was so foolish to make a bad choice.. but now I met another wonderful man who also has been looking to meet a nicelady from China. I have been living with him almost for 2 months now.. we get along wonderfully and I want to continue to be with him.. He even said he would apply for me another K1..

But Im worried to go back .. my 90 days is running out soon.. If I stay I have researched there is no way to adjust my status .. is there a way??

I am afraid if I go back, and try to get another K1 , I will get denied .... has anyone ever been in this situation where they have changed theri mind and wanted to come back.. and actually got another K1.. what are my odds to get another..

I see if I stay and overstay my visa and we get married and I go back and try to do consular processing.. it is a 50/50 chance I can come back..

need some good advice.. is it possible to get a 2nd K1 so soon after coming back to China.. what are my odds..

Also will my being with 2nd guy living togeather for 2 months be enough proof of evidance for relationship to the embassy in China.. what will they think of me asking for a 2nd K1.. will he need to come to China for a visit or is 2 months with each other enough.. he has handicapped child and will be hard to leave... do we have enough proof togeather.. Any help appreciated

Connie

As I see it, you have a decent chance of being granted another K1 visa but only if you don't overstay the first one. Another option is marriage in China and going the immigrant visa route. Your first situation will need to be well documented and you'll need plenty of bona fide relationship evidence for any second try. An overstay will kill all chances, IMO. Get back to China.

The limitation on the K1 is that the alien can only adjust status through the initial petitioner. There is nothing to prevent the alien from marrying another US citizen, but after marriage she would need to return to China to pursue either a K3 or CR1. I am not sure that I agree that a short overstay would be a problem, as long as it occurs as the alien wife of a US citizen (in other words, if you marry first), although certainly one would be wise to confer with an immigration expert on this.

Edited October 31, 2007 by diadromous mermaid

[~Laura and Nick~ 5]

Just wanted to say...I'm sorry you are going through this. Best of luck

[ChrisB0707 4]

I need some good advice here... I met a guy in US , I am from China.. he came to visit me once for 2 weeks in China and we talked via phone and e-mail for many months.. he filed a K1 for me and came to my interview at embassy and I got the K1 we left togeahter... I left my job and everything behind tobe with him.. Unfortunatley.. after getting to the US.. I found out he was a alchoholic and drug user.. I do not wish to be with this man.

I left after 3 weeks.. his home.. and didnt tell him where I went. I feel bad I was so foolish to make a bad choice.. but now I met another wonderful man who also has been looking to meet a nicelady from China. I have been living with him almost for 2 months now.. we get along wonderfully and I want to continue to be with him.. He even said he would apply for me another K1..

But Im worried to go back .. my 90 days is running out soon.. If I stay I have researched there is no way to adjust my status .. is there a way??

I am afraid if I go back, and try to get another K1 , I will get denied .... has anyone ever been in this situation where they have changed theri mind and wanted to come back.. and actually got another K1.. what are my odds to get another..

I see if I stay and overstay my visa and we get married and I go back and try to do consular processing.. it is a 50/50 chance I can come back..

need some good advice.. is it possible to get a 2nd K1 so soon after coming back to China.. what are my odds..

Also will my being with 2nd guy living togeather for 2 months be enough proof of evidance for relationship to the embassy in China.. what will they think of me asking for a 2nd K1.. will he need to come to China for a visit or is 2 months with each other enough.. he has handicapped child and will be hard to leave... do we have enough proof togeather.. Any help appreciated

Connie

I agree get a immigration lawyer ASAP. But do not over stay your 90 days it wont look good if you have to apply again. A lawyer will cost money but thats what you need at this point.

[Jasman0717 9]

I would recommend you go home. If you stay you will be out of status.