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HELP! What do I do in this K1 after marriage situation??

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Hi all,

I am the foreign spouse and have been in the US for just over two months now after receiving my K1 visa. Me and my fiance married last week however as the jealous type I have noticed she has become since moving here from my country she has has been constantly making unlogical allegations of myself. Now the problem here I am facing is that she has just sent me text messages threatening to not continue with my adjustment of status and that if I wanted to she would need me to pay her a set amount of money (a large sum may I add).

Now this is completely out of the blue for me and I have changed my whole life to be with her. I only have two weeks left of my K1 visa and don't really have the funds to return home as I had no idea this was going to happen.

What steps can I take in order to not be black listed here in the US and is what she is threatening me with legal. I am now legally married to her and am confused as to what this means legally for me.

Thank you for any help in advance.

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Ok, thanks for replying, what do I do in regards to staying here ? Can I file adjustment of status without her, to be honest I don't really want to go back home as I have invested in a project here I was planning to work on and I won't be able to have real funds to return until at least May.

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K1 visa gave you one time entry into US to marry a US Citizen.

You need spouse sponsor to file for AOS (green card),

but if your wife is not willing, you have no choice but to leave the country.

Also, even if you captured evidence of her trying to blackmail you for big money to file for AOS,

since that is your (sole) primary petitioner/sponsor for your K1 visa and AOS,

it would only invalidate the legitimacy of even the K1 visa.

She had some cost and effort into the K1 visa processing,

so I doubt that she was trying to scam you from the beginning,

especially when she knows you hardly have any money.

It's hard to get the actual picture with just one sided story...

because I am sure she has her reasons.

If you really want to stay in US, your best bet is to find a way to make her happy and make up.


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Ok, for the record I payed for all my Visa fees, Medical, flights etc... Noway I am going to rely on any female. However I understand I can't really do anything about this situation but leave. I can't realistically leave until 15th May. Is there a penalty for overstaying a K1 visa for this long even though I am legally married to this woman ?

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*** Thread moved from K-1 Process forum to the Effects of Major Changes forum, where similar predicaments are discussed. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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You have reason, i smell fraud too,

Why does he say that she is sending him text message saying that he needs to pay a high amount of money?

Dont they live at the same house?

Why does she send text message when can talk face to face at their house?

For me he came here with a immigrant fraud.

It is hard to imagine that this is a bonafide marriage.

The whole story seems highly suspicious. Got married last week, but OP is already trying to figure out how to adjust status by himself, which is, by the way, impossible. And the blackmailing thing... smells like immigration fraud.

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Ok, for the record I payed for all my Visa fees, Medical, flights etc... Noway I am going to rely on any female. However I understand I can't really do anything about this situation but leave. I can't realistically leave until 15th May. Is there a penalty for overstaying a K1 visa for this long even though I am legally married to this woman ?

It doesn't sound like you want to be married so I suggest divorce. You do not accrue a ban until 180 days of overstay (which applies to any visitor to the USA), however if you dont leave by the time your i-94 expires, yes it could look unfavorably upon you should you try to gain a visitor visa or another K1.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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I am now legally married to her and am confused as to what this means legally for me.

It only means you are legally married. Immigration wise it means you are eligible to adjust status through your petitioner and nobody else. If your marriage is not working, divorce and go home. Any project investments before getting green card were at your risk.

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Whatever you do, your situation here in the USA is untenable. I find it hard to believe that in a loving relationship, having just married, your partner would be comfortable to ask for money for AOS unless there was something in the relationship already that suggested this was an option..

However, let's examine this at face value. You should not pay, because it's fraud anyway - plus what happens if you do that? They would have you on the hook forever.

I'd like to assume your intentions were honourable, and if so, you should leave, chalk this up to experience. Better that than a life looking over your shoulder, or in a loveless marriage.

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Is there a such thing as VAMA? Or can a man take protection under VAWA?

VAWA is only after AOS/ green card on hand. Sorry to say but if you came in USA with the only intentions of love to a USC and it aint working out after only weeks of marriege then you should go back to your country. There should not be no other reason for you to stay here. There isn't a family build, no children involve. I'm sure you barely know your way around so HOME is where you should go.... I'm not trying to be mean but it sounds like FRAUD is in the air!!

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Ok, for the record I payed for all my Visa fees, Medical, flights etc... Noway I am going to rely on any female. However I understand I can't really do anything about this situation but leave. I can't realistically leave until 15th May. Is there a penalty for overstaying a K1 visa for this long even though I am legally married to this woman ?

Im sorry for your situation.

If I were you, I would leave the country. This is only the beginning and I bet worse things will come if u stay at this woman side. If she really loved you, she wouldnt do things like that, she wouldnt ask you for money to stay. Im sorry for saying that, but it is the truth.

It is always a risk for all of us when we leave all we have in our countries to go living to the USA.

If you overstay, I guess you wont be able anymore to go back there. If you don't plan to go back there in your whole life, well, maybe you could overstay. but I am just guessing, maybe you could ask that to other people or to a lawyer.


K1

02-02-2015 Package Sent by Express Mail

02-10-2015 NOA1

02-19-2015 NOA1 Hard Copy

02-25-2015 NOA2

03-02-2015 NOA2 Hard Copy

03-18-2015 NVC Left

03-25-2015 Argentinian Embassy received

04-09-2015 Packet 3 received

05-11-2015 Packet 3 sent

05-19-2015 Packet 4 recieved

06-15-2015 Interview: APPROVED :dancing:

07-01-2015 Visa in Hand

09-06-2015 POE

09-25-2015 Went to SSN Office

10-03-2015 SSC in hand

10-09-2015 Wedding (L):wub:

----------------------------------------------------------

AOS

11-09-2015 AOS, EAD & AP Sent by Express Mail (Dearborn Address)

11-10-2015 Package Delivered

11-19-2015 AOS, EAD & AP confirmation e-mails received

11-23-2015 NOAs received in the mail

11-30-2015 Biometrics appointment letter received (for Dic 11th)

12-11-2015 Biometrics not taken due to a difference in names in passport and appointment letter.

12-14-2015 Biometrics completed

01-06-2016 AOS Approved :dance:

01-11-2016 GREEN CARD in hand!!!!!!!!!!!!

----------------------------------------------------------

ROC

11-06-2017 Package Sent by Express Mail 

11-13-2017 NOA received

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Got to be much more expensive staying than going home. Time to hit the credit card.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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