NEED HELP!!! REALLY... NEED HELP!

[tashyta 0]

Will someone please explain to me why a lawyer is important in this situation????? A lawyer cannot change the law. A lawyer can't make her fiance marry her. A lawyer cannot change her status.

There are 3 clear choices:

1. Marry the petitioner and file I-130 in conjunction with I-485.

2. Leave.

3. Remain out of status without any protections or ability to work.

How could a lawyer change those choices?

I agree with you, the lawyer is not able to change anything, he will just help us to fill the documents and help me to change my status AFTER marriage...

[tashyta 0]

Okay, guys

I've just called the lawyer (I don't know how good he is), and I've just talked to him on the phone. He told me that my situation is fixable if I marry the petitioner - my fiance. Now I am out of any status and very much deportable and I will be if I am caught (commited crime or pulled over while driving). I can't change to any other visa.

And john and marlene is right: I have 3 options:

1. to marry fiance

2. to leave (with 10 year ban)

3. to live illegally with no rights and protection till I'll get married, which goes back to #1. (which should be done as soon as possible)

The lawyer himself can't persuade my fiance in this situation. He only can help us to fill out needed papers...

Thanks to all for the help!!! I really appreciate that!!!

[tashyta 0]

YOU STILL CAN WRITE YOUR IDEAS AND ADVICES ON THIS CASE. I WILL READ THEM ALL!!! I STILL NEED TO DECIDE WHAT TO DO...

[DerekJ 0]

I'm sorry to hear about your situtaion. About your fiance, I agree with mox and others that you have to talk to a good immigration lawyer as soon as possible. I wonder though, why do you want to stay in the US that bad? Is it for him, or for you?? You say you want to work. Speaking from experience, I"d tell you that a foreigner himself cannot apply for a working visa, it always must be a company who applies for a working visa for you. Another option would be a student visa but it's complicated because you have to be admitted to the university, etc. And for this, you'll probably have to return to Ukraine (you're Ukrainian, right?)

In any case, talk to your man, and if he doesn't understand how important it is for you, just push some buttons, woman! Don't let him to treat you like this, don't tolerate this. He'll find more and more reasons not to get married, and you don't have a luxury of time, do you? I also had an episode with my fiance long time ago (he was my boyfriend then.) He was stubborn and didn't see my situation as seriuos as it was. We talked, we fought, and I left. I said either you treat me the way I deserve, or I'm not here anymore. It took him some time to come back to his senses but, in the end, everything has worked ouf fine for us. You may have more complecated case, of coure, I hope that your fiance and you will collaborate on it.

Good luck!

I know now that my status can't be changed unless I'll marry the petitionner of my visa who is my fiance. We also like you talking, fighting and I'm telling him that I'll leave. He doesn't either understand my situation and he thinks that I am not serious about leaving (though I've packed already my things and I am very serious). Actually, it was his idea to get me a working visa so that I could stay here. The problem is that I won't be able to come back to US next 10 years cause of my visa expiration, which means if my fiance will wake up, it will be tooooo late.

I don't get it. Why go through with all of this if you're not going to marry the beneficiary? What does he have to gain by you being here in an unmarried state? You have mentioned his deployment a couple of times in this thread. Does this have something to do with his seeming inability to marry you? If so, depending on the facts, an attorney might be able to make some sort of hardship argument.

[tashyta 0]

I don't get it. Why go through with all of this if you're not going to marry the beneficiary? What does he have to gain by you being here in an unmarried state? You have mentioned his deployment a couple of times in this thread. Does this have something to do with his seeming inability to marry you? If so, depending on the facts, an attorney might be able to make some sort of hardship argument.

I didn't say I am not going to marry him. I still want. He is the only one who seems to look for all kinds of exuses. Now about his deployment, yet it has to do with his inability to marry me cause mentally and financially he is still in 2004 (the year he was deployed). He is owner of the business and after he came back from the war he found out that he was almost bankrupt. Now he is trying to put his business back to life. That's why I said before that I have no idea when we are going to get married, he is still trying to solve his problems.

[msu17 0]

These financial problems are HIS problems and you are being very supportive of that waiting around for 3 years (from what you've posted). Your immigration status is YOUR problem, and from what you've said, he is DEFINITLY NOT supporting you. In my mind, you have 2 choices, smack him in the head, go get a marriage license again, make an appt with someone who can officiate a marriage ceremony and file for AOS as directed by your lawyer. Option 2 = leave him and find someone who actually listens to you, doesn't string you along for 3 years and is willing to follow through on promises made to you and the government. Getting married and filing AOS is going to cost you a LOT less in the long run than hiring a lawyer and fighting deportation, so really his argument about his business problems makes no sense! Good luck and I hope you can shake his stubborness out of him!!!

Edited February 14, 2008 by msu17

[mariapoe 0]

I hope you'll work it out. FOR YOU. He seems impossible to rely on. Do you really want to get married to the person who treats you like that? Is it your Russian/Ukrainian nature coming out? We sometimes tend to sacrifice yourself to our men no matter what. You've clearly devoted yourself to this guy and he's suggesting you to take care of your problems on your own. Sorry but I'd leave the dude. He definitely doesn't appreciate you and doesn't care about what you have to go through - both legally and psychologically. I wonder what he's saying in his defense?

Take care and good luck!

[TracyTN 237]

I didn't say I am not going to marry him. I still want. He is the only one who seems to look for all kinds of exuses. Now about his deployment, yet it has to do with his inability to marry me cause mentally and financially he is still in 2004 (the year he was deployed). He is owner of the business and after he came back from the war he found out that he was almost bankrupt. Now he is trying to put his business back to life. That's why I said before that I have no idea when we are going to get married, he is still trying to solve his problems.

I don't know what financial problems have to do with getting married. $40 or so for a marriage license is all you technically need to get it done. True, there will be some higher costs involved when filing for for AOS, but at least that would remove you from the position you're in now (being deportable and, in essence, unable to leave the US).

If he is not willing to pony up the $ to even get a marriage license and make it legal, then something else is wrong.

Edited February 14, 2008 by TracyTN

[tashyta 0]

I hope you'll work it out. FOR YOU. He seems impossible to rely on. Do you really want to get married to the person who treats you like that? Is it your Russian/Ukrainian nature coming out? We sometimes tend to sacrifice yourself to our men no matter what. You've clearly devoted yourself to this guy and he's suggesting you to take care of your problems on your own. Sorry but I'd leave the dude. He definitely doesn't appreciate you and doesn't care about what you have to go through - both legally and psychologically. I wonder what he's saying in his defense?

Take care and good luck!

Well, I think I'm just trying to understand his problems. Plus I've been asking him to let me go already several times, he is asking me to wait a bit more and give us one more chance. He asks to wait till he'll solve all his problems... As far my nature, I do love him and I really want to help him (I see how stressed he is!). But I'm really ready to go back home! I'm not one of those women who are trying to stay by any means in any counrty but their own! I am young and it's still not late to start life from the beginning But everytime we are talking to him I want to give him one more chance. I think I should decide myself what I want more...

[Minya's wife 25]

I'm really curious as to why you didn't marry within the first 90 days, but that's really neither here nor there.

You need to get yourself a competent immigration attorney at this point. You are most likely looking at having to return to your home country and then re-applying on K-1 or CR-1.

You need to get this taken care of ASAP. The longer you are here illegally, the worse it will be for you.

Actually, this is my second K1 visa with my fiance. The first time I came here in 2005 just to visit him and his family (at that time he had 2 weeks off his deployment). This is my second time here, so I am not sure that the embassy will give me one more visa

The K-1 visa is not a visitor's visa!?! Why would you use it as such? You were given two chances by the US consulate to follow the rules, twice you chose to use a Fiancee Visa for Tourist purposes...whic h can be termed as visa fraud.

Please consult an attorney, and do not allow your fiancee to convince you that everything will be OK. It will not be OK....at this point you have no legal presence in the US. At anytime you can be subject to involuntary removal from US soil. You need advice on what your options are so that you can make a sound decision regarding your future residency.

-P

[bakofoil 27]

I take Tracy and john&marlene's point about marrying and filing for AOS. Overstay is forgiven by marriage to a USC I believe. I agree that she should not leave the country until she decides what she wants to do.

But, what problems is this going to cause her for AOS? If he can't get his act together now to marry her, how many difficulties are they going to run into providing evidence of a bona fide relationship at that point?

[mariapoe 0]

I think I should decide myself what I want more...

You're a smart girl.

Smart and young (read: naive...

[tashyta 0]

I think I should decide myself what I want more...

You're a smart girl.

Smart and young (read: naive...

What do you mean by that? I'm not naive... just trying to believe in people again...

[tashyta 0]

Waiting around for 3 years for your man to make up his mind to marry you, letting him get you in trouble with immigration. Little naive hon, sorry. (I mean no disrespect. I just think you are being way too easy on him.)

I haven't been here for 3 years. I'm here just 11 months. All those years before I was finishing University so that I could have a degree (which I have now - successfully graduated). So I haven't been sitting and waiting at the window, like you're probably thinking! I've been waiting only last 11 months

Edited February 14, 2008 by tashyta

[mariapoe 0]

I hope you'll work it out. FOR YOU. He seems impossible to rely on. Do you really want to get married to the person who treats you like that? Is it your Russian/Ukrainian nature coming out? We sometimes tend to sacrifice yourself to our men no matter what. You've clearly devoted yourself to this guy and he's suggesting you to take care of your problems on your own. Sorry but I'd leave the dude. He definitely doesn't appreciate you and doesn't care about what you have to go through - both legally and psychologically. I wonder what he's saying in his defense?

Take care and good luck!

Well, I think I'm just trying to understand his problems. Plus I've been asking him to let me go already several times, he is asking me to wait a bit more and give us one more chance. He asks to wait till he'll solve all his problems... As far my nature, I do love him and I really want to help him (I see how stressed he is!). But I'm really ready to go back home! I'm not one of those women who are trying to stay by any means in any counrty but their own! I am young and it's still not late to start life from the beginning But everytime we are talking to him I want to give him one more chance. I think I should decide myself what I want more...

If you're so loyal, stay strong then:) I don't think it'll be easy to resolve your situation, I agree with others that everything won't be just OK. Your nature is sweet and, of course, you're free to love him and give him one more chance, I just wish for you to be more rational and more selfish (as he seems being all along.) Your legal status is in jeopardy and it's crucial for you to get down to earth, talk to a lawyer, and decide what to do asap (also, imagine an unpleasant scenario if you give your fiance one more chance and he fails again?.) Love is good if only two people make decisions which benefit both. Beri vse v svoi ruki and go ahead!!! Good luck!