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

[daboyz 36]

You might post the question here:

http://www.visajourney.com/forums/index.php?showforum=127

From what I understand you can't file I-360 unless you are married. I met a girl in California that came on a K-1 and the guy died before they got married. She was pretty much SOL.

[lucyrich 19]

She can't stay. INA 245(d) says that a K-1 can't adjust status except on the basis of a marriage to the original petitioner. There have been a few sad postings here on VJ of people who fell in love with someone who had entered years ago on a K-1, never married the original petitioner, and stayed illegally. Such a person's status can't be saved even by a bona fide marriage to a USC.

There may be some delay tactics possible, but they're just delay tactics. If she only wants a delay tactic, she could probably go underground and hide out illegally for a year or so before ICE would catch her and deport her (not that I would recommend such action).

She should keep in mind that if she accrues more than 180 days of illegal presence, she'll be subject to a three year bar on admissibility if she ever wants to return to the US. If she accrues more than one year of illegal presence, she'll be subject to a ten year bar.

If, as a delay tactic, she files for something for which she is clearly ineligible, it will become a part of her immigration record. If she ever wants to get a future visa to come to the US, that kind of record of filing frivolous paperwork as a delay will make it exceedingly difficult to convince the consular officer that she's pursuing the visa because she's in love, instead of pursuing the romance because she wants the visa.

[Darnell 8,478]

I know she'll have a face problem, to go home right away - but who says she has to go straight back home?

I suggest she leave now, then back to Thailand, then get work in an overseas agency, putting her in Dubai for a years contract.

Face is important, sure - but which trumps what, again /??

[aaron2020 11,651]

The attorney is a crook if he files for her as an Amerasian. Providing false information to USCIS is grounds for never ever getting to stay in the US. Even if he prepares a fraudulent claim, she is culpable as she will have to sign the form. A bonafide marriage or other means to stay or immigrate to the US would be foreclosed. You lie on an immigration form = You don't ever get to live in the US legally.

Here overstay on the K-1 visa is very bad.

There is no way for her to stay here legally. She needs to go home. Any delay tactics will only backfire on her in the long run. Absolutely, no K-1 for her in the future. No CR-1 visa either.

A K-1 is a non-immigrant visa. The purpose is to enter the US to marry a US citizen. If the visa holder does not get marry, then that person MUST go home.