Overstayed

[Hakuna_Matata_8 0]

What to do if overstayed? Any way to be legal? 

[Crazy Cat 39,191]

When and how did you enter the US?

[Hakuna_Matata_8 0]

Im asking this question in behalf of my friend. She is in fiance visa. Failed to get marry. Fiance fell inlove to another woman. Shes 140 days here now. Anything she can do? Can she stay and be married to another guy someday while shes still here? Can be pregnant can help too? Adjustment of status? Any form she can fill up to help her case? Pls help. 

[Springrain22 427]

7 minutes ago, Hakuna_Matata_8 said:

Im asking this question in behalf of my friend. She is in fiance visa. Failed to get marry. Fiance fell inlove to another woman. Shes 140 days here now. Anything she can do? Can she stay and be married to another guy someday while shes still here? Can be pregnant can help too? Adjustment of status? Any form she can fill up to help her case? Pls help. 

She can't marry another guy, that's how k1 visa works. Pregnancy is not helpful in this case. I think she's better go home to not overstay 180 days (she will get a much longer ban).

 

I don't see any legal way for her to stay in the US.

 

[Hakuna_Matata_8 0]

1 hour ago, Springrain22 said:

She can't marry another guy, that's how k1 visa works. Pregnancy is not helpful in this case. I think she's better go home to not overstay 180 days (she will get a much longer ban).

 

I don't see any legal way for her to stay in the US.

 

This is what i saw, i just want to confirm "The person overstayed a visa and is currently doing AOS. He is in the U.S. and the 10-year ban does not apply since he's married to a U.S. Citizen."

[Springrain22 427]

4 minutes ago, Hakuna_Matata_8 said:

This is what i saw, i just want to confirm "The person overstayed a visa and is currently doing AOS. He is in the U.S. and the 10-year ban does not apply since he's married to a U.S. Citizen."

Again. She CAN'T marry other person by staying on her k1 visa in the US. Not at all. She can only marry the person who filed for her k1, that's the only way in this case. She may stay here but it will be illegal and the more she's staying the longer ban she will get.

[Scandi 3,970]

6 minutes ago, Hakuna_Matata_8 said:

This is what i saw, i just want to confirm "The person overstayed a visa and is currently doing AOS. He is in the U.S. and the 10-year ban does not apply since he's married to a U.S. Citizen."

That does not apply to your friend since she arrived on a K-1. When you arrive on a K-1 you have to marry the person who petitioned you or go home. Your friend has to go home, marrying another US citizen won't help as he wasn't the one who petitioned her.

[Hakuna_Matata_8 0]

1 hour ago, Scandi said:

That does not apply to your friend since she arrived on a K-1. When you arrive on a K-1 you have to marry the person who petitioned you or go home. Your friend has to go home, marrying another US citizen won't help as he wasn't the one who petitioned her.

What if she wait longer and marry her petitioner someday, would that will work? 

[Scandi 3,970]

1 minute ago, Hakuna_Matata_8 said:

What if she wait longer and marry her petitioner someday, would that will work? 

She has no chance to stay legally in the US no matter how long she waits here. She needs to go back home.

You said he found another woman so I doubt she will marry the petitioner. She is illegal and deportable every single day she stays in the US.

Edited July 15, 2017 by Scandi

[Hakuna_Matata_8 0]

1 hour ago, Springrain22 said:

Again. She CAN'T marry other person by staying on her k1 visa in the US. Not at all. She can only marry the person who filed for her k1, that's the only way in this case. She may stay here but it will be illegal and the more she's staying the longer ban she will get.

Ok. What if she overstay and marry the petitioner would that help?

[Hakuna_Matata_8 0]

1 hour ago, Scandi said:

She has no chance to stay legally in the US no matter how long she waits here. She needs to go back home.

You said he found another woman so I doubt she will marry the petitioner. She is illegal and deportable every single day she stays in the US.

Well if me and my friend can convince the petitioner to marry her even she overstayed still wont be ok?

[Scandi 3,970]

Just now, Hakuna_Matata_8 said:

Well if me and my friend can convince the petitioner to marry her even she overstayed still wont be ok?

That means they would marry just so she could get a greencard, and that would be fraud. So no, they can't go that route either. 

[Hakuna_Matata_8 0]

1 hour ago, Scandi said:

That means they would marry just so she could get a greencard, and that would be fraud. So no, they can't go that route either. 

Well it might not be fraud if they have a past. 3 yrs in a relationship i guess its a genuine. I dont know how to explain but it was a serious. The guy just been tempted by another woman. 

Edited July 15, 2017 by Hakuna_Matata_8
Just to add words

[Unlockable 7,306]

As stated she can't marry someone else and expect to become a permanent resident if she came on a K1. If she takes a look at the K1 visa that is printed in his passport it will have the name of her ex-fiance who petitioned her.

 

They put a restriction on this type of thing for this very reason. So foreigners can't use another US citizen to enter the US then go and marry someone else. Even if it the new love is genuine there is no way for her to gain status.

 

She will have to leave the country and serve out the ban if she has overstayed.

[Springrain22 427]

14 minutes ago, Hakuna_Matata_8 said:

Well if me and my friend can convince the petitioner to marry her even she overstayed still wont be ok?

This sounds like a fraud marriage. Do not do this.