K1-Divorce_K1

[Akasha 0]

I went to the US through a K1 visa. I did'nt marry my fiance, he strangled me when I was a week old in FL. I got scared, flew in IL to see my friend. In IL, got married before my 90 day K1 visa expired. Marriage did'nt work out. I am back here in the Philippines. While I was in IL and the marriage was breaking down, I had a new BF which is now the one I really really want. We lived together for 6 months before my 180 days after the stamp on my I-94 was done. My BF is now here, and we want to ask you what should we do? Here are some thoughts we have:

1. My spouse (the guy I married) is not coordinating anymore, although before I left IL he said he will take care of our divorce. I was thinking on filing a divorce, and if he will be served, but if he does not file a counter petiition, our case wont be going anywhere since I cannot show up in court, because I dont have any visa to go to the US. If I show the US Embassy in Manila that I have an ongoing divorce, and I should appear in court, will they give me a travel/business visa? NO, right? Or were there cases where one was given a couple of days to finalize a legal matter? Please help.

2. My BF and I also thought that since my marriage in IL was not registered in the Philippines, can he get me with a K1 fiance visa again? Since my CENOMAR still shows I am single, will the US Embassy in Manila have records of marriages in the US? Do they check?

3. Can my BF marry me in the Philippines and get me with a spousal visa? But still will the US embassy consul know I was married in IL?

Please, please, please enlighten us on this. Thank you.

[sachinky 465]

You need to finalize a divorce before proceeding. Just for clarification--you married your original USC petitioner, yes? Did you file for AOS?

Please don't even THINK about representing yourself as single when you're still married. Bad, BAD idea.

[NigeriaorBust 4,096]

Gosh what a mess, Did you leave the US before your K1 expired ? If not you have an overstay that you are also dealing with because you could never adjust marrying someone other than the petitioner.

As to the divorce , I am not sure how you are going to do it but you have to get it done before filing. If you tried to get a new visa and it EVER comes up you will have to deal with a misrepresentation issue. If it doesn't come up pre K1 it would mostly likely get caught at AOS or removal of conditions or US citizenship or even it it came up later you could lose everything. Can't you hire an someone to represent you in court. If you had a summons to a US court that that help you get a visa ( assuming you didn't overstay long enough to incur a ban. )

Good luck

[Akasha 0]

Gosh what a mess, Did you leave the US before your K1 expired ? If not you have an overstay that you are also dealing with because you could never adjust marrying someone other than the petitioner.

As to the divorce , I am not sure how you are going to do it but you have to get it done before filing. If you tried to get a new visa and it EVER comes up you will have to deal with a misrepresentation issue. If it doesn't come up pre K1 it would mostly likely get caught at AOS or removal of conditions or US citizenship or even it it came up later you could lose everything. Can't you hire an someone to represent you in court. If you had a summons to a US court that that help you get a visa ( assuming you didn't overstay long enough to incur a ban. )

Good luck

My K1 expired and I was still in the US for like 170 more days, not exceeding 180 days, does that help? Does anybody been to the US just for a divorce hearing? They might not give me a visa since if Im free to marry there, they will assume that I will stay there? What if I'll say, I have to get married in the Philippines that's why I need the divorce pretty bad? Would that help? Thanks. I apprecaite. Not just a mess, a HUGE one.

[FrancElsie 6]

First thing that comes to mind is "troll?" (But, assuming not I will give you an answer/opinion.) Do I have this correct...you came to the USA courtesy of "guy #1" on a K-1 Visa and then married someone else? Sorry...the K-1 is ONLY to marry the person who petitioned for you. You were with him in Florida for one week before going to Illinois to be with your "friend/guy #2" whom you married? Now, that marriage is not working out so you want to be with the guy you "really, really want" and live happily ever after with guy #3??? Seems like you have "changed horses" quite a few times recently. You have a HUGE mess on your hands and you'll need a lot of time and money to fix things.

There is only one highly informed and intelligent gentleman who can give you the best answers to this question: His name is "PUSHBRK" and I'm sure he will be reading your question. Whatever he says, you can be 99.998% sure that it is absolutely correct. He has probably forgotten more than I could ever tell you about your situation. For sure, you will need to get a divorce from guy #2 before doing anything else. You are NOT single...you are married. Whew....what a mess.

Good Luck

[az110965 252]

I went to the US through a K1 visa. I did'nt marry my fiance, he strangled me when I was a week old in FL. I got scared, flew in IL to see my friend. In IL, got married before my 90 day K1 visa expired. Marriage did'nt work out. I am back here in the Philippines. While I was in IL and the marriage was breaking down, I had a new BF which is now the one I really really want. We lived together for 6 months before my 180 days after the stamp on my I-94 was done. My BF is now here, and we want to ask you what should we do? Here are some thoughts we have:

1. My spouse (the guy I married) is not coordinating anymore, although before I left IL he said he will take care of our divorce. I was thinking on filing a divorce, and if he will be served, but if he does not file a counter petiition, our case wont be going anywhere since I cannot show up in court, because I dont have any visa to go to the US. If I show the US Embassy in Manila that I have an ongoing divorce, and I should appear in court, will they give me a travel/business visa? NO, right? Or were there cases where one was given a couple of days to finalize a legal matter? Please help.

2. My BF and I also thought that since my marriage in IL was not registered in the Philippines, can he get me with a K1 fiance visa again? Since my CENOMAR still shows I am single, will the US Embassy in Manila have records of marriages in the US? Do they check?

3. Can my BF marry me in the Philippines and get me with a spousal visa? But still will the US embassy consul know I was married in IL?

Please, please, please enlighten us on this. Thank you.

WOW!!!

First of all, you DO know that you violated the terms of your K-1 Visa by not marrying the ORIGINAL peitioner or leaving the USA within 90 days of your entry? I'm not an expert, but I believe that this would seem to be a material misrepresentation of your visa which results in a lifetime ban of re-entry...

If what you said was true and your fiancee physically assualted you when you arived in Florida you might have been able to stay in the USA under VAWA, however by flying to IL and marrying your friend you blew any chance of adjusting status.

Now you have a few problems, none of which are minor. You're married to a USC and you stand NO CHANCE of receiving a tourist visa to "attend a divorce hearing", nor do you stand a chance of being able to file for an additional I-129F petition due the fact that you're married and therefore ineligible for a K-1.

If the guy you "really really weant" comes to you and marries you there, you will be a polygimist and ineligible for the CR-1 Visa because you were currently married while marrying another man... If you lie to the Consulate (as you implied that you might), your lie will be discovered at the time you attempt AOS and you will be deported.

You have many, many problems at this point. You and the "really really want" guy stand the best chance of living together in your country because a waiver will be next to impossible...

Alan

[az110965 252]

My K1 expired and I was still in the US for like 170 more days, not exceeding 180 days, does that help? Does anybody been to the US just for a divorce hearing? They might not give me a visa since if Im free to marry there, they will assume that I will stay there? What if I'll say, I have to get married in the Philippines that's why I need the divorce pretty bad? Would that help? Thanks. I apprecaite. Not just a mess, a HUGE one.

The simple fact that you imply you'd be willing to lie in an effort to obtaoin a tourist visa doesn't bode well "What if I'll say, I have to get married in the Philippines that's why I need the divorce pretty bad?" Are you kidding?

You have so many problems with your other situation that AGAIN you're willing to materially misrepresent the facts of your situation to a Consular Official. You might not know now, but lie to a Consulate and you'll see how difficult they can make your life.

We don't condone lying to an official on VJ because IT ALWAYS CAUSES ADDITIONAL PROBLEMS IN THE LONG RUN, now will anyone on this site encourage you to do so because it violates the VJ terms of service. I would recommend that you don't post again that you're considering lying as part of your immigration process...

Good luck,

Alan

[Kathryn41 3,207]

I would just like to comment that while Pushbrk is a valued and valuable member of this community and very knowledgeable about many aspects of the immigration process, he is by no means the only one who is knowledgeable enough to answer the OP's concerns correctly. VJ is fortunate to have a wealth of very well informed, experienced and intelligent members who through personal or professional experiences are able to answer concerns about a wide range of issues in the immigration process.

So, thank you for recognizing the expertise of one of our members but please remember he is not the only one who is able to provide 'excellent' information at Visa Journey.

Edited March 20, 2010 by Kathryn41

[Martyshk 137]

Lying to any US official is baaaaaaaaaaaad. End of story.

They are not dumb. It will catch up with you, you can be sure of it.

Your situation is complicated on way too many levels. The only way out of it, it seems, is to get your divorce, and have a guy #3 come live with you in your country.

[SunDrop 59]

I believe that this would seem to be a material misrepresentation of your visa which results in a lifetime ban of re-entry...

It's no more a misrepresentation than anyone else who decides not to marry on a K-1 for whatever reason. I doubt there was anything illegal even about having entered on a K-1 but marrying someone other than the petitioner. Sure, she couldn't AOS on the basis of that marriage and it would have raised big, big red flags when it came to her CR-1, but was it illegal or classed as misrepresentation? 99% sure that it wasn't. Her mistake was not leaving before the 90 days was up.

To the OP, I would contact a divorce lawyer in IL and find out what state laws say about filing through a representative (your lawyer) I believe this is possible in some states. Also, find out if you are actually required to register the marriage in the Philippines, as from what I understand you are required to provide your marriage and divorce papers for the K-1, as well as your CENOMAR. I don't know much about CENOMAR, but if it's supposed to record your marital status and it shows as single, when you are (at that point presumably) divorced, then you're probably going to have issues at interview.

You cannot get married until your divorce is finalised. Your fiance cannot petition for a K-1 until your divorce is finalised.

Right now, it does rather look like you're doing anything you can to get into the US. Expect a very difficult, long process. My best advice would be that if you and your 'boyfriend' are serious about being in a genuine relationship, get your divorce sorted, spend time with him traveling often to see you over the next couple years, or go to another country to meet there, get to know each other and with some good relationship history under your belts, THEN get married and petition for a CR-1. If I were a CO, I'd deny a K-1 on the grounds of previous behaviour. However a CR-1 with good evidence of a more patient, genuine development of a relationship before marriage/ engagement is another story.

[Akasha 0]

It's no more a misrepresentation than anyone else who decides not to marry on a K-1 for whatever reason. I doubt there was anything illegal even about having entered on a K-1 but marrying someone other than the petitioner. Sure, she couldn't AOS on the basis of that marriage and it would have raised big, big red flags when it came to her CR-1, but was it illegal or classed as misrepresentation? 99% sure that it wasn't. Her mistake was not leaving before the 90 days was up.

To the OP, I would contact a divorce lawyer in IL and find out what state laws say about filing through a representative (your lawyer) I believe this is possible in some states. Also, find out if you are actually required to register the marriage in the Philippines, as from what I understand you are required to provide your marriage and divorce papers for the K-1, as well as your CENOMAR. I don't know much about CENOMAR, but if it's supposed to record your marital status and it shows as single, when you are (at that point presumably) divorced, then you're probably going to have issues at interview.

You cannot get married until your divorce is finalised. Your fiance cannot petition for a K-1 until your divorce is finalised.

Right now, it does rather look like you're doing anything you can to get into the US. Expect a very difficult, long process. My best advice would be that if you and your 'boyfriend' are serious about being in a genuine relationship, get your divorce sorted, spend time with him traveling often to see you over the next couple years, or go to another country to meet there, get to know each other and with some good relationship history under your belts, THEN get married and petition for a CR-1. If I were a CO, I'd deny a K-1 on the grounds of previous behaviour. However a CR-1 with good evidence of a more patient, genuine development of a relationship before marriage/ engagement is another story.

Thank you. I appreciate it. I will certainly do it slowly this time, for sure.

[SunDrop 59]

Thank you. I appreciate it. I will certainly do it slowly this time, for sure.

Don't forget that you have the issue of the overstay to contend with. Again, expect a long and hard journey and get some good legal counsel to guide you through it this time.

[az110965 252]

It's no more a misrepresentation than anyone else who decides not to marry on a K-1 for whatever reason. I doubt there was anything illegal even about having entered on a K-1 but marrying someone other than the petitioner. Sure, she couldn't AOS on the basis of that marriage and it would have raised big, big red flags when it came to her CR-1, but was it illegal or classed as misrepresentation? 99% sure that it wasn't. Her mistake was not leaving before the 90 days was up.

SunDrop - Hope you're doing well,

It would have been bad enough with the overstay, but if you combine that with the fact that she flew to a different state to see her "friend" and married HIM, I believe this makes this situation a misrepresentation of the material facts.

Abandoning the K-1 is not a bad thing if the petitioner and beneficiary see problems before the mariage and decide not to marry, but the fact that she was here on a K-1 for a different person than the one she ultimately married makes this much diferent and difficult to overcome. K-1 is pretty specific... Come to the USA, either marry your PETITIONER within 90 days or go home. There's nothing in tke K-1 that says come to the USA, marry the petitioner or anyone else within 90 days or go home...

Alan

[sachinky 465]

I don't see any material misrepresentation YET. What she didn't wasn't smart, of course. Now if she intends to follow through on her plan and present herself as SINGLE, then THAT is material misrepresentation with a lifetime ban.

However, that said, is she in a hot soup? Uh, yes.

[SunDrop 59]

SunDrop - Hope you're doing well,

It would have been bad enough with the overstay, but if you combine that with the fact that she flew to a different state to see her "friend" and married HIM, I believe this makes this situation a misrepresentation of the material facts.

Abandoning the K-1 is not a bad thing if the petitioner and beneficiary see problems before the mariage and decide not to marry, but the fact that she was here on a K-1 for a different person than the one she ultimately married makes this much diferent and difficult to overcome. K-1 is pretty specific... Come to the USA, either marry your PETITIONER within 90 days or go home. There's nothing in tke K-1 that says come to the USA, marry the petitioner or anyone else within 90 days or go home...

Alan

Hey Alan Thank you, and hope you had a lovely trip to see your girls.

The misrepresentation would have to have occurred at the time of interview or POE for it to be one. Namely, she would have had to obtain the visa and entered the country on it, fully intending to marry the 'friend' and not the petitioner. The fact that a K-1 is a non-immigrant visa and void after its single use, combined with the law that allows you to get married without a visa in the US is what allowed her to do this perfectly legally.

Setting aside the overstay, I'm not arguing that what she did end up doing wasn't incredibly poor decision-making, and that it won't make her new visa journey a very difficult road. And I do believe from reading between the lines, the OP potentially entered into a convenience marriage with a willing or naive friend, under the false impression that it could help her to legally remain in the US. It's cases like these that must make COs want to tear hair out in frustration and if they place any pride and belief in their jobs, should make certain that they have explored every possible line of inquiry to establish that there is no way of proving all this.

I also agree that the adjudicating CO will dig very, very deep into her previous K-1, ensuing marriage and subsequent divorce, and circumstances surrounding her present relationship to determine whether there was indeed any material misrepresentation and it's going to be incredibly hard to prove. But without much fuller details that we neither need or are likely to get from the OP, we can't say with 100% certainty that there was material misrepresentation. So I'm surprised the 'scaremongering police' haven't jumped in yet! lol..

Edited March 20, 2010 by SunDrop