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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion

Michael Kelly
Hello all,

I'm sure hoping that someone may have an answer to a very unusual circumstance. First a short history is in order:

I met a girl on the internet from the Phillipines about a year and a half ago. We developed feelings for each other and then due to a myriad of personal difficulties...lost contact with each other until recently. I got an email from a friend of mine who had come accross a website containing pictures of my lost love...unfortunately with another man. She is now in the U.S. on a K1 visa and expected to marry this man. Well, after contacting her through her sister, it turns out that she is not in love with this man and in fact, he treats her rather poorly since she got to the U.S.

She wants to be with me, and I want to marry her. The problem is this K1 Visa....and the fact that I am not her sponsor.

Question:

What can we do to keep her in the U.S. without her marrying this man? She has two months left on the K!.

I will gladly marry her...as that was our intention before, but at the time it was financially impossible for me to go to the Phillipines to get her. She has expressed her desire to marry me and leave this man who treats her poorly.

If she marries me....(can she?), is there a way for me to petition the governmet to allow her to stay with me pending a K3 or similar visa application?

Please help us.

There is not much time.

sereia
have you even met this girl???
brnidokiegurl
Im thinking she has two options, marry him or go home and you can at some later time file for her. Sounds like a situation you better think about, knowing she was going to get married why did you step forward now. If she already knows shes not in love with this person, she owes it to both of them to go back.
novotul
You could marry her, but I do not think you cannot help her adjust her status from this K1, since you are not the petitioner.

In order for you to petition for her, you must meet her. I suppose it might be possible for you to meet her in the USA, for her to go home, and then you could try the K1 route. You could marry her while she's still in the USA, and then she could return home and you could try a K3 or CR1 route.

Any of these options could raise "red flags" with USCIS staff, and you two might have some explaining to do in order to demonstrate the bona-fide nature of your relationship.

In this connection, abdounjen raises a good question.

Good luck.
beameup
I have been in a similar situation. In my case I was introduced by a friend to a young lady from Korea. My friend had a Korean wife (ex-military) and had known that I was interested in meeting Korean girls through his wife.

Unfortunately, I soon found out that her "Fiancé Visa" did not work out and that she was going to have to return to Korea. After carefully thinking about it, I realized that the purpose for granting the "Fiancé Visa" (90 day visa) was specifically just to actually see if the two are compatable enough to get married - and if not, the Fiancé is to return to her country - this being the "position" of the US Government.

Considering the purpose of the Fiancé Visa - from the point of view of the U.S. Government Immigration it was my decision to not get involved since it would be highly suspect and contrary to the purpose of this Visa by Immigration and Naturalization Service (INS).

I subsequently did apply for a K-1 Visa for a Filipina that I had been "pen pal" with and then married her in the U.S. when she arrived. That 17 year marriage ended in 2002 and I moved to the Philippines.

Since being in the Philippines, I have been inundated with marriage possibilities greater in number than my first experience years before with "pen pals" in the mid-1980's - when I received letters from 400 different ladies by placing one ad in the Manila Bulletin.


QUOTE(Michael Kelly @ Mar 5 2007, 09:23 AM) *
Hello all,

I'm sure hoping that someone may have an answer to a very unusual circumstance. First a short history is in order:

I met a girl on the internet from the Phillipines about a year and a half ago. We developed feelings for each other and then due to a myriad of personal difficulties...lost contact with each other until recently. I got an email from a friend of mine who had come accross a website containing pictures of my lost love...unfortunately with another man. She is now in the U.S. on a K1 visa and expected to marry this man. Well, after contacting her through her sister, it turns out that she is not in love with this man and in fact, he treats her rather poorly since she got to the U.S.

She wants to be with me, and I want to marry her. The problem is this K1 Visa....and the fact that I am not her sponsor.

Question:

What can we do to keep her in the U.S. without her marrying this man? She has two months left on the K!.

I will gladly marry her...as that was our intention before, but at the time it was financially impossible for me to go to the Phillipines to get her. She has expressed her desire to marry me and leave this man who treats her poorly.

If she marries me....(can she?), is there a way for me to petition the governmet to allow her to stay with me pending a K3 or similar visa application?

Please help us.

There is not much time.

brnidokiegurl
I beg to differ here -- I realized that the purpose for granting the "Fiancé Visa" (90 day visa) was specifically just to actually see if the two are compatable enough to get married - and if not, the ---

I believe the intent is that you already know before you file.....
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