i appreaciate the time u spent for reading my message and for the reply as well...
living in the USA illegally is not my friend's intention, its just the fact that it is tempting, and u are right about that.
number 1 reason is that she not the priority of her fiance, his mother.. he is on his mid 50's and still lives with his mom. isnt that interesting? and u were right, u dont know that whole story and i dont know either..

so there is no other way for her to stay in the US legally but to marry her fiance? But what if she marry someone else? will that work? i dont know if she knows someone she can marry, but will that wok?

thanks guys and God bless u always..

If she meets someone else, goes home and they petition for her, sure.

She obviously isn't marrying her fiance now so she will be out of status soon....if she just up and marries some other U.S. citizen I think that would be seen as a HUGE red flag (aka FRAUD)....like she's just grabbing onto any person to stay in the U.S.

I suggest she gets her priorities and life in order before she jumps into another relationship.

I think if she does that, she will just dig a bigger hole for herself. I would certainly think twice on doing that. Not a good option there.

No, that won't work. The terms of her visa require that she marry the petitioner within 90 days of entering the US, or go home. Period. There is not wiggle room whatsoever.

Sorry hun, you'll just have to go home.

I remember this question was addressed in a forum a few months ago. And, we all gave the same advice then:

It is not possible for an 'alien fiance' to come to the US on a K1, not marry the petitioner and be allowed to stay in the US (legally) after the visa expires. The K1 visa can't be transferred from one US petitioner to another.

And, it is my opinion that if: the 'alien fiance' stays the US, marries a person that was not the K1 visa petitioner and adjusts status in the US, then that is not within the scope of legal immigration, even though the person is legally here in the US for the duration of the K1 visa.

On a side note, for a similar situation. The USCIS sees cases where a person enters on a visitor visa, spontaneously decides to marry (although spontaneous is rather...subjective...in some cases, and it really is up to the petitioner to prove spontaneity in the decision to marry.), and adjusts status within the USA. When we talked to a USCIS officer, she said "alot of people get away with that" meaning that the process I described above is not exactly legal, but the USCIS has some discretion for these particular cases.

Not with the K-1. One can adjust from a tourist visa (or student visa, or work, etc) based on marriage to a USC, but having entered on a K-1 entails that the only way you can adjust status is by marriage to the person who petitioned for you. It closes off the other routes. You can't switch from a K-1 to a work visa or a tourist visa, either.

With good reason. Figure you want to defraud someone, but without ruining his life, so you come here, leave, live illegally for several years, meet someone and since illegal presence isn't a bar to adjusting status, adjust based on your new marriage. Biggest loophole ever. Also a way for people who wouldn't be able to petition someone (say, by not having met) to have an intermediary petition, etc. Your go-between meets them in person, then they meet you later. Biggest loophole ever, and one particularly open to abuse by sex slave rings.

OP, your friend's legal options are either to marry the guy and adjust status or go home.

I'm wondering if any members have seen what happens when a K1 holder stays and marries another USC instead of the petitioner.

Yes, I already understand that is not in accordance with the terms of the visa. I'm asking a specific question because I have no exposure to the answer.

I haven't known or heard of anyone doing that on the K-1. I wonder myself, now that you bring it up.

You will not be allowed to adjust status.....as Congress has specifically written this prohibition into law.

Congress plugged this loophole back in the 80's.

If you went for a AOS interview they would probably take you into custody and put you in removal proceedings.

Frankly, I hope you're right but I'd really like some actual experience if available.

Her adjustment of status application would be denied, and if by some stroke of luck for her, the matter slips past USCIS at that stage and she is awarded a green card, then if it is caught later on down the line (at either a removal of conditions application or Naturalisation, any green card would be rescinded and she would be placed in removal proceedings.

See, 402 F.3d 948, KALAL v. GONZALES, 03-71354. 9th Circuit.
March 11, 2005.

i already saw (don't ask sources, i don't remember) that before the alien could marry another US citizen with a K1 but they closed that possibility since. so pushbrk is totally right when he say either marry the petitioner or go home.

I'm sorry but isn't possible for your friend to marry another guy other than her petitioner... its F R A U D.

Accuracy is highly important in these matters and words mean things. Of course it's possible for her friend to marry another guy. What is not allowed (not impossible because it has happened) is to remain in the USA and adjust status based on marriage to somebody other than the petitioner.

Exactly! An alien that entered the USA as a K-1 recipient can choose not to go through with marriage to the initial petitioner, and it is possible for that alien that entered the USA as a K-1 recipient to marry another US citizen, but the alien would be required to return to his or her native land and do consular processing thereafter, as either a spouse seeking a K-3 or a spouse seeking immigrant status. Attempting to remain in the USA without leaving, and adjust status would result in a denial of adjustment and removal proceedings. That said, leaving the USA to pursue consular processing after marriage to a US citizen other than the petitioner is not a sure thing. If the timing of marriage to the arrival on a K-1 were close, there might be questions posed as to the legitimacy of this marriage.

You guys actually agree on a subject? WOW. I am impressed.