K-1 Potential Problems

[soulprovider915 4]

My wife's aunt just came here last week and all of the sudden the US petitioner changes. He's on the verge of just abandoning her and her daughter. He said he doesn't know what he wants to do after spending $$$ to bring her here. She paid about $3,000 for furniture as well. We hope this resolves, but if it doesn't what options would she have. Hire a high power Immigration Attorney?

[amykathleen2005 441]

You can't force anyone to marry. And if she doesn't meet the K-1 expectations she'll have to go back home.

Edited October 10, 2010 by amykathleen2005

[soulprovider915 4]

You can't force anyone to marry. And if she doesn't meet the K-1 expectations she'll have to go back home.

No Really? I didn't know that. Thanks for telling me this useless information. I'll wait for a more productive response.

[marlea 84]

You may not like the above response you got, but she's right. There's nothing you can do. There was no legal contract that has been broken and the granting of a K1 visa doesn't guarantee marriage. The rules of the K1 say that she must marry the petitioner within 90 days before she can adjust status, and if she doesn't she has to leave. That's it. You may not like it, but that's it.

[thelastpetitioner 218]

No Really? I didn't know that. Thanks for telling me this useless information. I'll wait for a more productive response.

she could always pay thousands of dollars,get a lawyer and hear the same thing

[candn 17]

she could always pay thousands of dollars,get a lawyer and hear the same thing

I was thinking the same thing I also was thinking that response from the OP was uncalled for.

[thelastpetitioner 218]

I was thinking the same thing I also was thinking that response from the OP was uncalled for.

i know huh,i do realize that he loves his wifes aunt and all,but after all he is a senior member who has been through it himself,he should know better.k-1 process is very black and white until AOS process ( thats cause im not there yet ,so i dont know much about aos )

[Darnell 8,478]

I don't smell any potential problems.

It's 2 choices, really

1. marry, file for AOS or

2. not marry, go home prior to I-94 expiration date.

What problems were you thinking about?

[belinda63 3,038]

Ok a more productive response

A K-1 beneficiary can only adjust status in one of two ways; either by marriage to the original petitioner or by having been abused (and able to prove it) and adjusting under the VAWA rules.

Don't waste your money on an attorney unless they can force the man to marry your aunt, file and not withdraw an affidavit of support, and attend the interview with her.

[leahandlucas 15]

We hope this resolves, but if it doesn't what options would she have. Hire a high power Immigration Attorney?

What...superman?...."high power"...what are you talking about? "high power"? smoking weed "high power" attorney...NO SUCH THING EXISTS as "high power" attorney...

She has 2 options....get married, which by the sounds of it he doesnt want to. (and the personal circumstantes i have a feeling you know nothing about, because theres obviously a REASON WHY he now doesnt want to, maybe he found that they were not compatable)

And the second choice is....go home before the I-94 expires.

Third choice...go to a lawyer and pay a few hundred dollars for them to tell you the same thing ....problem solved

[soulprovider915 4]

Ok a more productive response

A K-1 beneficiary can only adjust status in one of two ways; either by marriage to the original petitioner or by having been abused (and able to prove it) and adjusting under the VAWA rules.

Don't waste your money on an attorney unless they can force the man to marry your aunt, file and not withdraw an affidavit of support, and attend the interview with her.

Thanks for a more productive response.. This is where I was going with this. That's why I mentioned an attorney regarding abuse, ( Even if it's mental, and technically having her fill the apartment with furniture) and enforcing the I-134 She sold everything in Ecuador and If she had to go back she'd be going back to nothing.

[soulprovider915 4]

I was thinking the same thing I also was thinking that response from the OP was uncalled for.

Uncalled for? Take a look at the responses. This is the normal response I get when I post here. One or Two very informative responses, and the rest Ignorant #######. This site used to be good but something is changing.

Edited October 10, 2010 by soulprovider915

[amykathleen2005 441]

Uncalled for? Take a look at the responses. This is the normal response I get when I post here. One or Two very informative responses, and the rest Ignorant #######. This site used to be good but something is changing.

The response is normal because it is correct. You mentioned abuse no where in your original post. I was simple and polite in my answer to your question. If you want a different answer perhaps you should ask a different question.

[AlinaH 38]

Probably calling people idiots isn't going to get you any kind of response your looking for.

If you want a different/better response, then just wait. No need to tell people that they are ignorant idiots..It's not going to change their response to you, so what's the point?

[Anh map 2,098]

So what is the potential abuse? Cold feet on the USC's part? Did the USC force your aunt to come to the US? Has she sought protection or counselling based on the "abuse"?