k1 visa expired and married to someone else

[bevs 0]

Dear Everybody,

Hello all,may the Lord God bless us and to this column.

I am new to this site and I am so glad to find this because it helps me a lot with my problems.And now ,I am hoping you all to advice me what is the best thing to do.And in order to understand my situation,here is my story.

I arrived here in the US last August 15,2007.On my first day here,I already noticed something is wrong with my fiance.I feel like he just brought me here in order to have a servant in his kids and pets.He got 2 kids.But I don't complain about that.Because for me,it's my obligation as his wife to be because that is what I expect hence he brought me as his fiancee.What I don't understand, is ,why he has no plan about marrying me?He is aware that he should marry me b4 90 days so that I will not be sent back home.I did not ask him a marriage and I just wait because for me as a filipina ,we have no rights to ask for a marriage.I just wait and wait until I decided to ask him if is he having second thoughts of marrying me.He said no,he doesn't.He just told me that he just need a enough time to ask a vacation leave from his work.So,I listened until the date comes that he promise to marry me. It was Nov.5, and my visa will be expired on Nov. 13,see how difficult it is for me.I feel like I am climbing on a very thin thread.I hurts but I can do nothing.He has the ace.My reputation is already been damaged.For me,if I go back home,it would be a very big issue.People will talk about me.Judging me badly.I hope you understand what I mean.So,I take it all.I just cry and pray.But the worse thing was when Nov. 5 comes,it was morning,I thought, we will go to the court but, I was surprised when he handed me a pre-marital agreement.Everything that is bad for me is in there.He said if I won't sign it,there's no marriage will be happen between us.He is welling to buy me a ticket for me to go back home.But,it states there,that he has no obligation on me,if I die,he has no obligation about my burial expenses,if he divorce me , I would just have to sign the divorce paper without any complain.I have no rights in everything that he owns.For me,on that moment,the first thing that comes up to my mind is why is he doing this to me.He is the 1st man in my life and he knows that.I am a virgin (sorry for my word but it hurts me so really bad)when he got me.I am a descent woman and I did everything to be a descent and good wife.I never complain if he wakes me up at 1 am just to take his dog outside to pee.I get up 1st before him just to pack his lunch and prepare his b-fast.He has no tv.He worked 5 days a week.He leave at 5 and get home at sometimes almost 11 pm.I never complain that.So, in short,what I did ,is I said..wait....I talked to my sister and brother in law.I was seeking for advice what do I need to do.Should I sign it or not? I know I won't be happy because for me I don't deserve it because all I want is a respect.So, he said,ok,but he is smart..He get a marriage license.We get it together and I agree because I thought his mind will be changed.But, then,I know that,that is why he get it so that he could used in order to clean his self.He called the USCIS and said,that t is my fault that we will not be able to get married and it makes me mad.He is a nurse and he works in ICU and I am pretty sure that they will favor of him because he is educated.They believe in him because he have that charisma.So,I already know that there's no marriage happen between us because he said that I already disagree to sign the agreement.So,I said,before I go back to my country,I have to see my sister and nephews.I ask him and he drive me to my sister's place.And after 3 days I went back to his house,my brother in law send me back because I was a stupid,I was in love with him.So, i just stay and he said,I could stay with him illegally because I said to him that I love him.My sister got so upset on me and her friend who is the president of filipina association.My sister said that I should go back home so that I will not be on the black list and I did not listen so she called police in order to get me out from my fiance and it happened.But, what really happen is, my fiance make a nice statement to the police w/c I think is his friend,he said,that my sister is crazy and he said that he has already a ticket for me.So the police said,ok...So,in the morning,as what I have expected,he already packed my things, and he said,that I have already a ticket.I was crying because I don't want to leave him because I was very in love with him.But he was mad, he said go...Even if I don't want to,I was forced,so I ride in plane going to Texas and then because it was my 1st international flight,I got lost.The airport is so big and I miss my flight.Maybe it's because,I was crying and I keep going back to the bathroom because I was ashamed that people were looking at me.So,then I called him and told him,I miss my flight.He said,it's your fault,I have no more obligation with you.So,i called my sister and told him,I am stranded.I got only 100$ on my pocket.That's all I have.he only gave me 100$ and that's why I just stay in the airport.My family were all worries about me.So,my brother in law ask me if I am welling to stay with them for a couple of days until I have someone to go with back to philippines.Because,they have heard that there is a filipina who is also planning to go home to philippines.So,that's why I said,yes..So,they bought me a plane ticket.And I took it .And,then, when I was with my sister's family,I was still keep thinking of my fiance.Then,I cheated my sister,I e-mailed my fiance and told him I am with my sister.after, he knew it,he said,that he still love me and I believe, so,when my sister left me at his friend's house, I sneak and called my fiance and then my fiance get me from there.My sister and her friend were so mad of me because I am stupid and they said they were trying to help me and I did not help myself.So,in short,I was with him again.I keep waiting waiting as usual if he's gonna marry me.But,still nothing is changed.In fact,I saw his videos making sex with another woman who is his co-worker,a nurse also..It hurts me a lot.I don't know what to do.I comfront him once and he cannot say anything because it is true.I copied it and it here with me now .I put it on the dvd disc.But,I am still not discouraged,I still waited and waited maybe because I feel like I can't live without him.Until,time come,it was March 10 2008,that he said,he is going to bring me to his mom's house and hide me there because he said nobody knows me there.Like I will just travel thro and fro so that the INS cannot locate me.It's stupid.Then,I wake up and face the truth that he doesn't love me.I called my friend and ask her for help.She was a little bit mad of me because I already cheat on her.My sister is afraid to help me concerning I am already an illegal.I talked to my fiance,I said to him ,I can't go with you.He was very mad and I don't listen to my heart anymore.I left.He did not give me even a peny.

When,I was at my friend's house, she let me use the computer.You just don't know how it's hard for me.There's no nights that I don't cry.They see me and felt pity on me.She sometimes brought me to her school so that I will be entertained.And,then,one time,when I log on my computer,i saw a message from a man, which is now my husband.He said,he is welling to marry me and starts family with me.I agree with him w/o any hesitation.We got married after 2 weeks of conversation.He came to my friend's house and ask my hand from them.My friends were trying to disagree about it because they said it's too quick.But I don't listen because for me,I believe that these is all God's plan.This man is for me.He comes on the right time.He marry me without any hassle.No premarital agreement.He put me on his bank account and everything and then he filed me a I-130 to the USCIS.And he also work in the hospital and he is more specialize than the other guy.He is also more responsible than him.And now,my heart is change.How can I not love him if he loves me more than I thought?I am completely in love with him now.I don't know,my feelings from the other man is just vanish completely especially everytime I think what e have done to me .

Now,I am just waiting for the approval.I don't know if they gonna approve it or what.I hope they will..They already sent us a reciept on May 29,2008....that's all i need to know about..if someone out here who has the same situation of me,please share and tell me if I am doing the right thing.I also need to know,if i should go back home,while my application is pending so that I will not face the banning.Just share..thanks for reading.God be with us all~

im so sorry for what u been thru, i also been to that situation but i didnt break the law.

girl no one have the right to marry u except the one who filed u petition, u are annoted by your petitioner means, u are under his name. even how many man will wanted to marry u there for u to say legally, still it wont work out the best u wanted it to be. trust me i tired that, but i dont want to risk my chance to be at USA again. so i choice to went back home, even i know i will be facing alot of griefs. my friend do what is right rather than to hide from things that never been your fault. i know it wont be easy at all but trust me it worth for all. right now im waiting for my Second VISA as K1 together with our son ( my fiance son). for sure they will give u a hard time even ur already married. u break the law and there is consequences for that!

[JenT 0]

Anyone have a "head banging against a wall" smiley? We need one.....

Will this work Jen?

No, I know we have that one... it's more a personal, "I give up" sort of smiley..... banging my own head....

[chnst 6]

@paradise: it is very hard to understand your motives for a lot of people. You are in a pretty bad spot right now, but it could get worse, the longer you wait. You got a lot of good advice here, esp. from Minya's wife- get a good lawyer- asap!

Facing a 3 year ban might sound pretty bad, but it's better than 10 years.

I wish you luck.

[boyage 0]

Yes,you are right..Thank you!

[boyage 0]

Thanks everyone.Your advice helps me a lot.Yes,I made a mistakes but it's okay.Anyway,I already overstayed my visa even if I was with my petetioner.So,it doesn't matter if I will be banned now for three years.I am just happy that I found the person who really loves me and wants to be with me forever.

I hope these would help to someone who also in the same situation.I am sure I am not alone.So,guys,let's just go home.Petetioner's have more power than us.It doesn't matter if what they do is wrong ,they are still more favorable than us.I am glad for those someone who is lucky and who has a good petetioner.Congrats!

So,now,I am going back home and facing the consequences.Ahm,it will be fine if I will be banned for 3 years.Maybe while waiting I could continue my study as a lawyer.But only,it's hard for me and my husband to not to be together for a while.But,we have no choice.I just wish I meet him before ,before I knew my petetioner.

Once again,thank you and God bless us all!

[GiGii 4]

So,guys,let's just go home.Petetioner's have more power than us.It doesn't matter if what they do is wrong ,they are still more favorable than us.

So,now,I am going back home and facing the consequences.Ahm,it will be fine if I will be banned for 3 years.

Everyone is responsible for their own actions. Your actions forced your ban.

As to the petitioners having more power is b.s. He asked for a simple pre-nup, what the heck was wrong with that? That is not a sign of disrespect. I think your reaction to it, and the "i'm not signing it no way jose" you did is why you didnt get married. So the fault is really your own.

You make this situation to seem like you are some innocent filipina that couldn't care more about anything but about God, and love. What it seemed you cared most is to get your name on a marriage certificate to make sure you had a possibility at legal residency, and your name on bank accounts to make sure your life here was set up comfortable. Well, you've already learned here about your unplanned trip back home. Now wait till you have your next interview there, and explain what you've explained here, and see if they dont see you as a big fraud, with marrying a guy who just emailed you 2 weeks prior. See if your whole explanation of rejecting signing a pre-nup and respect flies.

[LoriLawless 0]

Anyone have a "head banging against a wall" smiley? We need one.....

Will this work Jen?

No, I know we have that one... it's more a personal, "I give up" sort of smiley..... banging my own head....

[wifetobe 2]

Anyone have a "head banging against a wall" smiley? We need one.....

Will this work Jen?

No, I know we have that one... it's more a personal, "I give up" sort of smiley..... banging my own head....

perfect

[JenT 0]

Anyone have a "head banging against a wall" smiley? We need one.....

Will this work Jen?

No, I know we have that one... it's more a personal, "I give up" sort of smiley..... banging my own head....

perfect

Yup.. perfect!!! Ewok should add this to our collection.

[spookyturtle 9,465]

Let me try saying it another way....USCIS will NOT APPROVE your petition because you are not eligible to file the petition. By continuing to wait on a decision that I assure you will be negative (because it cannot be otherwise), you risk further banishment. You have a 3 year ban now but by February of 2009 you will have a 10 year ban...truly this is no joke. But, it seems you're not really understanding. I urge you not to just plan on hiring an attorney, go see one As Soon As Possible!

-P

This is incorrect. The I-130 will more than likely be approved, but the rest of what you say is true. Even if one enters the US illegally, the I-130 can be approved, the catch is you must leave the country to file a waiver.

[Minya's wife 24]

Let me try saying it another way....USCIS will NOT APPROVE your petition because you are not eligible to file the petition. By continuing to wait on a decision that I assure you will be negative (because it cannot be otherwise), you risk further banishment. You have a 3 year ban now but by February of 2009 you will have a 10 year ban...truly this is no joke. But, it seems you're not really understanding. I urge you not to just plan on hiring an attorney, go see one As Soon As Possible!

-P

This is incorrect. The I-130 will more than likely be approved, but the rest of what you say is true. Even if one enters the US illegally, the I-130 can be approved, the catch is you must leave the country to file a waiver.

I was trying to simplify my answer since the OP seemed not to understand the earlier advice given by me and others.

But, my statement is correct when referring to the I-485, which when filed concurrently with the I-485 (as should have been done in the case of the OP, but is not mentioned as done) will be rejected based on the overstay and ban. The I-130 may very well be approved, but if one is ineligible to adjust status from within the US, the I-485 will be rejected. As such, one has to leave the country not just to file a waiver, but first to apply and be interviewed for the immigrant visa, at the US consulate in their home country. When that interview occurs, the 3 year ban is verified and the option given to file said waiver.

-P

[boyage 0]

It's not only the pre nuptial agreement is the reason.It's only one of it.The one which is the most is when I saw his sex video with his co-worker which forced me to believe that he doesn't love me.And when he said that he just want to hide me at his mom's house.

[boyage 0]

That video is here with me,I copied itand that's gives me strength to believe that he doesn't love me because if he loves me and his intention is to marry me and make as his wife,he willnot dosuch things like that and he will treated me with respects and not to be likea sexslave.

[boyage 0]

well,anyway, I just don't want that it will be happen to some other people because you just don't know what I've been through.

[spookyturtle 9,465]

Let me try saying it another way....USCIS will NOT APPROVE your petition because you are not eligible to file the petition. By continuing to wait on a decision that I assure you will be negative (because it cannot be otherwise), you risk further banishment. You have a 3 year ban now but by February of 2009 you will have a 10 year ban...truly this is no joke. But, it seems you're not really understanding. I urge you not to just plan on hiring an attorney, go see one As Soon As Possible!

-P

This is incorrect. The I-130 will more than likely be approved, but the rest of what you say is true. Even if one enters the US illegally, the I-130 can be approved, the catch is you must leave the country to file a waiver.

I was trying to simplify my answer since the OP seemed not to understand the earlier advice given by me and others.

But, my statement is correct when referring to the I-485, which when filed concurrently with the I-485 (as should have been done in the case of the OP, but is not mentioned as done) will be rejected based on the overstay and ban. The I-130 may very well be approved, but if one is ineligible to adjust status from within the US, the I-485 will be rejected. As such, one has to leave the country not just to file a waiver, but first to apply and be interviewed for the immigrant visa, at the US consulate in their home country. When that interview occurs, the 3 year ban is verified and the option given to file said waiver.

-P

Absolutely correct.

Edited September 29, 2008 by spookyturtle