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Akasha

K1-Divorce_K1

By Akasha in K-1 Fiance(e) Visa Process & Procedures

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JimVaPhuong Veteran

JimVaPhuong   4,865

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

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.

Minor point, but VAWA can only be used to adjust status if you're married to a US citizen who abused you. An abused fiancee has no basis to file a VAWA claim.

I also agree with others that this is not a material misrepresentation unless USCIS can somehow prove that she intentionally lied to the US government, either with the visa application, or upon entering the US. Unless they could prove that this course of action was planned in advance, I don't see how there's any misrepresentation.

Also, while she didn't satisfy the requirements of the K1 to qualify to apply for AOS, she didn't really "violate" anything. Aside from the overstay, everything she did appears to have been legal. You are correct in stating she blew her chance to get a green card, though.

I would also venture to guess that this is going to be a BIG mess at her next visa interview. She stayed in the US less than 9 months. In that period of time she managed to break up with the petitioner, move to Illinois, marry and subsequently break up with somebody else, and STILL managed to live for 6 months with her new boyfriend. If the consulate in Manila doesn't roast her over the coals at her next interview, I'll be absolutely amazed.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Alexa2011 Contributor

Alexa2011   0

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted

ughhhh whatta mess you're getting into.If I were you,fix yourself think alot before getting yourself into another mess!!!why did you marry someone in IL,instead of going back in phili?you seems in hurry.If that guy number 3,who trully love you he can wait till you were ready.I mean when you will be matured enough!!!I don't think it's matured act for a filipina while your visa stamped with your petitioner's name on it.Well just my opinion "know the next guy better"""""DON'T BE SUCH IN HURRY!Remember haste is a waste!

besaangel Proficient

besaangel   18

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted
:clock::reading::clock::pop::pop::reading:

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01/06/10 - ♥ Got Married ♥

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

 
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