Abandoned by fiance

[Lucky couple 1]

Hello,

A friend of mine came to the US on a Fiance visa,but when she got to the airport,her fiance changed his mind and would have nothing to do with her. he even refused to pick her from the airport and a good Samaritan had to take her in as she had no money on her or had any place to go. She refused to go back home to Nigeria because she had sold all that she had to buy her ticket to come to the US and she was too ashamed to return in disgrace would would kill her old mother etc. She continued to live in the US working odd jobs ,but now she just met someone else and has now fallen in love with this new guy. will her marriage to another person after all this time and another guy other the the guy who petitioned for her in the first place help her Status in the US? is there any hope for her if she marries this new man. thanks

[HeatDeath 430]

Sadly, it will not. K-1 entrants can only ever adjust status by marrying their initial petitioner.

By staying illegally, she has made things very difficult for herself. She is currently out of status, and has no way to correct that. The only way would be to go back to Nigeria to apply for a fiancee or spousal visa with the new guy as the beneficiary. And while you don't give a precise timeline, she has almost certainly been in the US to trigger a 10 year bar from returning to the US if she leaves.

Her only hope to normalize her status would be an immigration amnesty, and that is not looking very likely since the last election.

[Dakine 26]

Hello,

A friend of mine came to the US on a Fiance visa,but when she got to the airport,her fiance changed his mind and would have nothing to do with her. he even refused to pick her from the airport and a good Samaritan had to take her in as she had no money on her or had any place to go. She refused to go back home to Nigeria because she had sold all that she had to buy her ticket to come to the US and she was too ashamed to return in disgrace would would kill her old mother etc. She continued to live in the US working odd jobs ,but now she just met someone else and has now fallen in love with this new guy. will her marriage to another person after all this time and another guy other the the guy who petitioned for her in the first place help her Status in the US? is there any hope for her if she marries this new man. thanks

Tell her to get a immigration lawyer as it sounds like she has already gone illegal by overstaying.,

[Leedah 22]

If the girl did not marry her first fiance within that first 90 days, then she is considered "out of status" and would most likely have to return home and try again with the new guy or risk being sought out by ICE agents and deported.

The new guy can't do anything because she only has a fiance status (which is only valid for 90 days once activated).

Also she can't really claim the VAWA (violence against women and children) act to stay because she wasn't married yet and since the guy never even came to the airport, there was no violence. Now I know one could say that since he left her at the airport, that's abuse. However, I wouldn't pull that card because she would have a hard time proving her case and any abuse if he wasn't around.

People change their minds about love all the time. Though it's a hard pill to swallow, she needs to immediately rectify her situation by going home, having the new guy visit her in Nigeria and actually plan a real wedding and marry in Nigeria. If she tried to marry the new guy here in the U.S., the USCIS would ask what happened to the first guy, how did she support herself financially after the guy left her (she isn't legally allowed to work without adjusting status first), why did she not notify the USCIS about her situation and go the legal route with the new guy, etc etc. It will seem fishy if she say the guy didn't even show up to the airport....considering the mounds of paperwork that people have to complete just to get any foreign person into the United States. Hmmm....something doesn't add up, Sherlock.

[amykathleen2005 441]

Well she can get married now, go home and apply for the CR-1 which she will be denied because of the overstay and then attempt to file a waiver to come back over.

[Ban Hammer 12,848]

moved from sub sahara regional to Effects of Major Family Changes on Immigration Benefits as this would be a better place for this topic, given the contents of it are more immigration related than regional topic related.

[VanessaTony 3,567]

A friend of mine came to the US on a Fiance visa,but when she got to the airport,her fiance changed his mind and would have nothing to do with her. he even refused to pick her from the airport and a good Samaritan had to take her in as she had no money on her or had any place to go. She refused to go back home to Nigeria because she had sold all that she had to buy her ticket to come to the US and she was too ashamed to return in disgrace would would kill her old mother etc. She continued to live in the US working odd jobs ,but now she just met someone else and has now fallen in love with this new guy. will her marriage to another person after all this time and another guy other the the guy who petitioned for her in the first place help her Status in the US? is there any hope for her if she marries this new man. thanks

The first question is, how long has she been in the US? If she's been in the US for more than 270 days (that's her 90 days stay + 180 days of overstay) she has a 3 year ban once she leaves. If she has been in the US more than 395 days then she has a 10 year ban.

There is NO possible way for her to legalise her status while remaining in the US. She HAS to leave and have her new man file a spouse petition (if they're married) or a fiancee visa. Sorry, but the K1 is ONLY for her and the USC that petitioned her, no other options.

[NigeriaorBust 4,087]

The is no way to adjust to stay in the US with anyone other than the person that abandoned her. If she is caught she is deported. The best solution is to leave the country. When any future interview happens she will be automatically denied because of what she did. At that point who ever petitioned her must prove that is it a hardship to him if that ban isn't lifted. The best forum about the hardship paperwork is immigrate2us.net. It is usually easier to prove hardship for a wife.