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Author Topic: K-1 went to cr@p and he wants to send her packing is there any way she can stay?  (Read 24812 times)

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Offline tfcrew

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The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.                           
http://travel.state.gov/visa/immigrants/types/types_2994.html

Looks simple enough to me.
What the law of the state of [Texas for example] says about a marriage has nothing to do with federal law.
I thought this question was decided not only weeks ago..but years ago.
 
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Offline ECOCKS

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http://travel.state.gov/visa/immigrants/types/types_2994.html

Looks simple enough to me.
What the law of the state of [Texas for example] says about a marriage has nothing to do with federal law.
I thought this question was decided not only weeks ago..but years ago.

Yes, it's very simple.

"Under U.S. immigration law, a foreign-citizen fiancé(e) of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé(e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé(e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.

Again, you're not paying attention to context.

You're trying to apply the immigration situation to the marriage. While these two overlap, they are not mutually exclusive. The K1 process with its subsequent  AoS process, applies to marriage to the individual named. If the fiance doesn't marry the sponsor, the process is invalidated and her AoS will involve a completely different set of circumstances. She won't be completing the K1.

Marriage is governed by various state laws and, in many if not most states, has little or nothing to do with the immigration process. A valid marriage would be a much more complicated AoS or involve restarting as a K3/CR1.

Pick and choose carefully among the advice offered and consider the source carefully. PM, Skype or email if you care to chat or discuss

Offline Zmejka

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On K-1 she can marry another man, it's legally allowed. But she won't be able to adjust her status via any man but petitioner for her K-1. So after possible marriage to another US citizen she has to return to her home land and apply for a spause visa. If she doesn't do it and won't return - the result is "it will take thousands dollars, a few years time, still obligatory return to her homeland, where she would face a ban for unlawfully presence for all this time in the US, filing waiver to overcome that ban".

Offline ML

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Or in even more simple terms: a foreigner living in USA can marry almost anyone living in USA; but this has nothing to do with whether they can obtain legal status to become a resident of USA.
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Offline tfcrew

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If it does not work out between you and the U.S. citizen who petitioned for a K-1 on your behalf, then you can file a K-1 through another person. However, because you can only adjust status through the original person who filed for your petition, you are required to return to your home country and start the K-1 process all over again.
http://www.hooyou.com/k-1/faq.html#k-1-do-not-work

http://www.worldlawdirect.com/forum/k-1-fiance-k-3-spouse-visas/52592-coming-us-k1-can-i-marry-some-one-else.html

http://www.visajourney.com/forums/topic/152960-k1-visa-expired-and-married-to-someone-else/
 

Everything spells that the original visa is invalid after the 90 days and the foreign national must return to their country.
« Last Edit: October 16, 2011, 06:46:11 PM by tfcrew »
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Offline tfcrew

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On K-1 she can marry another man, it's legally allowed. 
A legal marriage?
Yeah, but it would not really be 'on that K-1'.
That visa is used up to all intents and purposes, on the day of entry to this country.
Only good for one entry and under the terms of the petition..

One other hang up would be that if this aformentioned  foreign spouse of yet another US   citizen [not the original petitioner] does finally return to their original country and they do not return to the USA on another K-1 [or spousel] visa and wish to marry still another [there or elsewhere] they must get a divorce from the alternate American citizen or become a polygamist.

« Last Edit: October 16, 2011, 07:39:19 PM by tfcrew »
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Offline mies

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The K1 visa is issued for people to see if they could live together and want to marry. Marriage is a possible but not necessary outcome of K1. It seems to me, strictly in logical sense, whether the man is an abuser (verbal or otherwise), or in which faith the woman came to the country, is irrelevant for her chances to stay in USA on this K1 unless she marries the guy. If their relationship did not work out - they do not marry and she must leave.
Probably, there are some exceptions and ways to work around this unpleasant situation, as mentioned by other contributors in this thread.

Offline tfcrew

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The K1 visa is issued for people to see if they could live together and want to marry. 

But that would probably be a wrong answer if asked that at the consulate interview.
It should be avoided.
The correct answer to.. 'why do you want this visa?' is... 'I love my intended and want to marry them.'
An uncertainty type answer might give the interviewer pause..and hence denial.
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Offline Jooky

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The K1 visa is issued for people to see if they could live together and want to marry.

Nope, that's not right. Some people abuse this visa for this purpose, but the K1 visa is issued for people who've already decided and promised to marry.
 
Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place.
 
If you are just dating or living together to see if you want to marry, the proper visa the B2 Visitor visa.

Offline GQBlues

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...The correct answer to.. 'why do you want this visa?' is... 'I love my intended and want to marry them.' An uncertainty type answer might give the interviewer pause..and hence denial.

That's good advice, tfcrew! Please elaborate. Would it make a difference which one of 'them' you decide to marry first? Is there a maximum number of petitioner they now allow for each filing?
 
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Offline Turboguy

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That's good advice, tfcrew! Please elaborate. Would it make a difference which one of 'them' you decide to marry first? Is there a maximum number of petitioner they now allow for each filing?
 
 ;)


Yes, there is a maximum number of times you can file a K-1 for a foreign fiancee.   You have a lifetime allowance of two and they must be 24 months apart.   They do realize that there are exceptions so if there is a case where someone has used up their lifetime allowance or 24 months have not elapsed you are allowed to request a waver.  This is basically writing a letter explaining the circumstances and asking for an exception.   So far I have heard of almost no refusals but that could change.   I know of one former RWD member, actually an immigration attorney in real life, who was approved for a waver on his 5th K-1.


I will also agree that a K-1 is not for someone to decide if they want to marry.  It is intended for two people who have decided to marry so that they have time to arrange a wedding.  There are lots of cases where this part of the intentions are not followed and there are a fair number of K-1's where the foreign partner decides to return.   The number who decide to return is much, much higher for those who come with a "see if we are right for each other" mind state than for those who have made the decision to marry.   With the lifetime limits IMBRA imposes one should be much more careful of the mindset before wasting one of the two lifetime allowances.


Offline Misha

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Or in even more simple terms: a foreigner living in USA can marry almost anyone living in USA; but this has nothing to do with whether they can obtain legal status to become a resident of USA.

You don't even have to live in the United States and neither can be residents or citizens. Two Canadians, for example, can elope, go to Las Vegas and get married. It will be legal there and legally binding once the get back to Canada. Of course, it would also have nothing to do with immigration either.

Offline tfcrew

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Yes, there is a maximum number of times you can file a K-1 for a foreign fiancee.   You have a lifetime allowance of two and they must be 24 months apart.   
Q. My fiancee was in the U.S. on the K visa, but our relationships didn't work out at the time and she went back to her home country. We have been in touch since then and now want to start the K-1 process again. Can I still petition for her?
 Yes, but if you want to apply again within two years of the first petition's approval, you will have to file for a waiver of the provisions of the International Marriage Broker Regulation Act of 2005 (IMBRA). Your fiancee must also be prepared to explain to a consular officer why your relationship didn't work out the first time and why you both are certain that it will lead to marriage the second time. It must not appear to the Embassy that you are using the K-1 visa as a way simply to bring your girlfriend on trips to the US. So the case to show "intention to marry" has to be particularly strong.
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"IMBRA" Requirements and Restrictions The "International Marriage Broker Regulation Act of 2005" (also known as "IMBRA") places restrictions on the number of times a single sponsor can use the K1 visa process, and requires K1 sponsors to disclose certain types of criminal history.
The restrictions and requirements of IMBRA include the following:IMBRA limits the number of K1 visa petitions a sponsor can file or have approved without seeking a waiver of the limits.  A sponsor will need to seek a waiver of the limits if either: (a) they have filed two or more K1 visa petitions at any time in the past; or
(b) they already had a K1 visa petition approved within the past two years.
Waiver of these limits is at the discretion of USCIS, but ordinarily can be granted where "justification exists."  However, if the visa sponsor has a criminal history including violent offenses, the waiver will only be granted in "extraordinary circumstances.
http://www.k1fianceevisas.com/

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 good advice, tfcrew! Please elaborate
OK... 'want to marry him/her'. The K-1 process is, after all, inclusive of both sexes.

« Last Edit: October 28, 2011, 03:45:07 PM by tfcrew »
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Offline Turboguy

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One other thing worth knowing is that the two lifetime allowance for fiancees is for a K-1.   It does not apply to a K-3 so someone concerned about a waver still has the option of marrying there and filing a K-3

Online 2tallbill

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She didn't want me to elaborate
« Reply #89 on: November 09, 2011, 01:54:12 PM »
She didn't want me to elaborate which is why I didn't.
She is back in the FSU and appears that she will be able
to get her job back.


Thank you for all the responses.


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