Came to U.S. on K1, USC married someone else...

[rsn 135]

For starters, this is not about my or my wife, rather it is about someone else that my wife told me about. She came here on a K1, found out her fiance impregnated someone else and ended up marrying her (the other woman) as a result. Her I-94 expired about 2 months ago and she is still here. The immigrant is from Thailand, and she does not want to return home in order to "save face". Long story short, if she returns home now, unmarried, she is worried she will be "shamed" to some degree and will "lose face". I'm not saying she should stay, I'm simply passing along her thoughts on this.

She is apparently receiving financial help from her ex-fiance (the USC) to pay a lawyer to find a way for her to stay here. I asked my wife to ask her what the lawyer plans on doing since I can't think of any reason why she could stay here legally. She told my wife that the lawyer is going to have her file an I-360. I read the instructions for this form and I can't imagine how she could possibly qualify for this. Apparently, the lawyer has told her that if she files, she can remain her legally until they make a decision. Unless she really thinks she will get approved, I suspect this is her only motivation for filing (delaying the inevitable for as long as possible).

Now, my questions:

1. Is what the lawyer told her true? That is, can she legally stay here until a decision is rendered, even if she has no reason to qualify for an I-360?
2. Am I correct in thinking that she can't possibly qualify for an I-360 in this case?

I suspect that this lawyer is trying to squeeze as much money out of her as possible. If anyone can provide concrete evidence to prove that this lawyer is either milking her or if he actually has a case, that would be appreciated. Thanks. Edited December 13, 2009 by rsn

[Otto 83]

She told my wife that the lawyer is going to have her file an I-360. I read the instructions for this form and I can't imagine how she could possibly qualify for this.Me either. Apparently, the lawyer has told her that if she files, she can remain her legally until they make a decision I believe this is true.. Unless she really thinks she will get approved, I suspect this is her only motivation for filing (delaying the inevitable for as long as possible). I suspect this is the case.

Purely anecdotal of course.

[rsn 135]

She told my wife that the lawyer is going to have her file an I-360. I read the instructions for this form and I can't imagine how she could possibly qualify for this.Me either. Apparently, the lawyer has told her that if she files, she can remain her legally until they make a decision I believe this is true.. Unless she really thinks she will get approved, I suspect this is her only motivation for filing (delaying the inevitable for as long as possible). I suspect this is the case.

Purely anecdotal of course.

I sort of figured that there is something in place to prevent someone from filing for something that they can't possibly qualify for just to stay in the U.S. legally a bit longer. Of course I'm basing that on zero evidence.

[Anh map 2,098]

Is the lawyer using this to classify her as an "abused spouse of a USC or LPR?" That's the only thing I can see. I'm inclined to agree with your milking scenario.

The K1 petitioner, now married to someone else, helping her to find a way to remain in the US sounds like a good base for a nice immigration fraud stew.

Let others contribute their own seasonings...

[rsn 135]

Is the lawyer using this to classify her as an "abused spouse of a USC or LPR?" That's the only thing I can see. I'm inclined to agree with your milking scenario.

The K1 petitioner, now married to someone else, helping her to find a way to remain in the US sounds like a good base for a nice immigration fraud stew.

Let others contribute their own seasonings...

I figured that wasn't even possible since she isn't a spouse. Talking to my wife about this a bit more, she tells me that this person says her lawyer is going to file based on the fact that her fiance did not marry her. I'm sure something was lost in the translation since this doesn't seem like a remotely valid reason to me so I've asked my wife to follow-up with her to get a better answer. Unfortunately, she's engrossed in "Everybody Loves Raymond" right now so it might be a while. Also, my wife confirmed that she doesn't expect to get the I-360 approved, she simply wants to buy time so she can return to Thailand much later and claim that things simply didn't work out (after about a year) instead of the truth.

Edited December 13, 2009 by rsn

[rsn 135]

I just remembered that her ex-fiance is also Thai, which might further suggest that her intent is to do anything possible to prolong the inevitable so she can stay here and save face a bit longer. The fact that her ex is Thai leads me to believe that he understands why she wants to stay here a bit longer and as a result has helper her do this with some financial support. So, assuming this is all true, my main question is, are there any consequences to filing an I-360 without any valid reason to do so? Can she still remain her legally if she does this? Let's assume she is being truthful on the form since I have no reason to believe she will not at this point.

Again, I'm not suggesting this is a good use of the immigration system. This definitely would not be something I would suggest.

[Anh map 2,098]

I guess the only consequence would be "staying on the radar."

[rsn 135]

Update: The immigrant says the lawyer is filing the I-360 on her behalf to classify her as an Amerasian, which she is not. She also said that the lawyer claims she has a 50/50 chance of getting the I-360 approved. Since she clearly isn't an Amerasian (she was not fathered by a USC) this is obviously not accurate. Apparently she doesn't believe the lawyer either but is willing to go through with it anyway. Sigh.

[thongd4me 69]

Update: The immigrant says the lawyer is filing the I-360 on her behalf to classify her as an Amerasian, which she is not. She also said that the lawyer claims she has a 50/50 chance of getting the I-360 approved. Since she clearly isn't an Amerasian (she was not fathered by a USC) this is obviously not accurate. Apparently she doesn't believe the lawyer either but is willing to go through with it anyway. Sigh.

I also agree with Ahn Map's comments. After reading the application I was thinking along the lines of the "abused spouse" option being used by a lawyer without a clue.

To find out that it's the "Amerasian" option, that seems even less likely to succeed; the only purpose would be to delay.

I could imagine her chagrin as a good Thai lady to have the lawyer suggest that her mom was knocked up by a USC before her dad married her!

Naturally a DNA test would be cause for great delay (with additional expense), but I'm not even certain if DNA tests are done

to prove a parent may be of a different race, with any/all suspects not known to the Thai woman because they never existed.

[thongd4me 69]

Update: The immigrant says the lawyer is filing the I-360 on her behalf to classify her as an Amerasian, which she is not. She also said that the lawyer claims she has a 50/50 chance of getting the I-360 approved. Since she clearly isn't an Amerasian (she was not fathered by a USC) this is obviously not accurate. Apparently she doesn't believe the lawyer either but is willing to go through with it anyway. Sigh.

I also agree with Ahn Map's comments. After reading the application I was thinking along the lines of the "abused spouse" option being used by a lawyer without a clue.

To find out that it's the "Amerasian" option, that seems even less likely to succeed; the only purpose would be to delay.

I could imagine her chagrin as a good Thai lady to have the lawyer suggest that her mom was knocked up by a USC before her dad married her!

Naturally a DNA test would be cause for great delay (with additional expense), but I'm not even certain if DNA tests are done

to prove a parent may be of a different race, with any/all suspects not known to the Thai woman because they never existed.

Section B. - Information about the father of the Amerasian - There's no way she can fill that out honestly.

Sounds like a real sleazy lawyer. (That statement may be redundant.)

[TBoneTX 43,059]

It sounds as though this lady needs to consult with a different lawyer. Regarding the filing of the I-360, she is not a spouse. If a cat has kittens in the oven, it doesn't make them biscuits. The rule behind issuance of the K-1 is marriage to the petitioner within 90 days. If she can't do that, she must go home, si man.

[Chica Yeyé 41]

She cannot file an I-360 because she is not a spouse. she has failed -for reasons beyond her control, i get that- to comply with the terms of her K-1 visa, overstayed her I-94 and is of course out of status. That lawyer is taking advantage of her. I have yet to see ONE case where a non-compliant K-1 holder didn't get married and was abler to stay.

sorry I don't have better news.

[Darnell 8,478]

Apparently, the lawyer has told her that if she files, she can remain her legally until they make a decision.

This part is true.

[Old Dominion 26]

Either way, she's back in Thailand sooner or later to deal with the saving face question. Going back now will ensure she has avoided creating any red flags on her immigration records.

[rsn 135]

Either way, she's back in Thailand sooner or later to deal with the saving face question. Going back now will ensure she has avoided creating any red flags on her immigration records.

Her plan, apparently, is to stay here approx a year and claim it didn't work out which will be easier for those at home to accept versus what actually happened. My wife is encouraging her to go home now, hopefully she will listen.