HELP!!! In the US on fiancee visa, but petitioner backed out!!!

[Hurting Bad 14]

This is my second post. The first one was equally sad. But I guess this one is much better, at least something has been decided upon. My petitioner backed out from our wedding. I just got here on Nov. 24. He doesn't have problems with me but he realized that he is not ready to give up his single life. But that is no longer my problem now, I should move on with my life.

My question is this: I am a nurse, and I have passed my NCLEX exam in California. The board of nursing told me that I need an SSN first before I could get my license in California. I learned that as a K1 visa holder, I am eligible to get my SSN 10 days upon my arrival. Can I get my SSN anywhere in the US(ex., California) even if my petitioner is in Indiana? Do I need to have my petitioner with me when I apply for an SSN?

My next question: I have a brother in SFO and he'd like me to go there and visit to help with my heartbreak. At the same time, his wife told me that that I can look for a job there, but not illegally -- I can look for an employer who will sponsor my working visa. Is this possible? Do I need to get a lawyer for this, or will the employer work on this?

Thank you for your responses. He just broke up with me today and I am trying my best to keep myself together, after leaving everything behind in the Philippines. But yes, I should start focusing on solutions, and I hope you can give me ideas.

[Penguin_ie 5,984]

You cannot switch from a K1 to another visa while in the USA, nor work legally while on the K1. If you do not get married to your petitioner within 90 days, you must leave- if you do not, you are accruing overstay days which will impact your ability to get a visa in future. But, you do have those 90 days; you could look for an employer to sponsor a work visa. then leave on day 90, await processing of the work visa- which often takes only weeks- then come back.

[easyukraine 1]

you have the answer to your first question you must return to your home country first. you can get an ssn but it will have a restriction so you will not be able to work legally. K 1 is not an immigration visa and is only good for 1 entry into the US. after the 90 days you are considered illegal unless you are adjusting status.

[Fela's Girl 1]

You must go home. God will work things in your favor & you will be back in the states in no time. God bless you!

[Hurting Bad 14]

Thank you for your answers. Here are more questions related to the original post:

1.) Am I still legally allowed to apply for SSN even if the wedding is not pushing through? My visa expires on Feb. 22.

2.) And do I need my petitioner's permission to apply for SSN?

3.) Does my petitioner need to be physically with me when I apply for SSN?

4.) Can I apply for SSN in California even if my petitioner lives in Indiana?

[TracyTN 237]

Your visa is now null and void - your status is now derived from the I 94 in your passport. After that, it would be derived off your pending green card application, which as we know won't happen now.

Yes you can talk with employers and see if they'd be willing to sponsor you for a work visa. But you still have to leave here by the date on your I 94 or you'll put any future work visas at risk. Normally, employers have immigration attorneys who handle all that for them (and thus, you).

I honestly don't know the legalities of getting an SSN under the guise of a K1 entry when you know you're not going to live up to the terms in the end. I do know you can go to any SSA office.

I don't believe you have to have the petitioner there - but you may get an SSA worker who is suspicious if he is not - esp. if he's in another state from you. That's probably the biggest problem. They may smell a rat and turn you away - and how or if that would effect you in the future, I have no idea. I'm not sure it's worth the risk.

ETA: surely the state licensing board has people applying for state licenses who are not in the US. Ask them how those folks get around the SSN required rule.

Edited December 1, 2010 by TracyTN

[Deputy Purple 1,294]

Eve if you can get a SSN that SSN is not your ticket to work in the US.

Honestly since you entered on a K-1 your only option to adjust without leaving the US is through marriage to the Original Petitioner. Since that won't happen you must leave the US before your I-94 expires or you will make future entry even more difficult for yourself.

As for your chances of getting a Work Visa, the US is no longer importing nurses from the Philippines on Work Visas. If you were a doctor then you'd have a shot but not as a nurse. Even then you'd still have to return home.

On a side note, I hope the petitioner is at least paying for your return airfare.

[Lexlee08 18]

Ditto Bob and Anna. I'm sorry for your situation OP but like everybody else is saying you cannot adjust status in the US not unless your fiance changes his mind and marries you. At this time there is no shortage of nurses here in California so your chances of getting an employer to sponsor you is very slim. I know a lot of US grad nurses that don't have any jobs(maybe you can try the east coast states). I also know a family friend who came in on K1,overstayed and found another USC to marry but ended up getting banned from coming back here. I am not being negative here, but unfortunately better think of going back home and pick up the pieces together there, I'm sure you have family and friends that can support you. Good luck with whatever you decided to do,but hopefully you will choose to do the right thing(that is to go home).

[R&W 5]

I agree to everything that has been said. You might be able to get SSN by yourself, but it is not a key to get a US job.

I feel for you. I can only hope for your best.

[Hurting Bad 14]

Thank you. Yes, I will not work here illegally nor overstay. I wanted to get my SSN to get my california nursing license, and secondary is my wish to find an employer who will legally allow me to work here sooner or later. If I don't find an employer here, oh well, but life goes on. I would be ok with going home, too, that's where my family is, anyway, and I can find a job again.

[Anh map 2,098]

Thank you. Yes, I will not work here illegally nor overstay. I wanted to get my SSN to get my california nursing license, and secondary is my wish to find an employer who will legally allow me to work here sooner or later. If I don't find an employer here, oh well, but life goes on. I would be ok with going home, too, that's where my family is, anyway, and I can find a job again.

You don't want to have overstay time building as you hope to find an employer. Any hospital recruiter knows the steps when hiring staff from overseas. They aren't going to risk the problems by trying to make things workout. Getting in front of a recruiter for an interview is one thing. Working without authorization is another.

[Lexlee08 18]

By the way, Back in 2002 I also passed my NCLEX and I didn't have a SSN but my employer who petitioned for me, made a letter to BRN if they can use their FEIN (Federal Employers' Identification NUmber) in leui of my SSN so they can release my RN license to them, the BRN agreed and I got my license('coz they needed it to file for my I-140 and I-485. I'm not sure if the BRN still allow this but it's worth a try, so maybe the first thing you need to look for is an employer to sponsor you.

[griffin 7]

http://www.socialsecurity.gov/pubs/10181.html

[VanessaTony 3,567]

Can I get my SSN anywhere in the US(ex., California) even if my petitioner is in Indiana? Do I need to have my petitioner with me when I apply for an SSN?

My next question: I have a brother in SFO and he'd like me to go there and visit to help with my heartbreak. At the same time, his wife told me that that I can look for a job there, but not illegally -- I can look for an employer who will sponsor my working visa. Is this possible? Do I need to get a lawyer for this, or will the employer work on this?

Yes you can get a SSN anywhere. He doesn't need to be with you.

You are able to look for an employer who will sponsor you on a work visa yes, but as you correctly stated, you are not legally able to work on this visa. You will need to leave the US before your 90 days are up and they can petition for your work visa. Some people do the same thing on a visitor visa.. come here looking for people to sponsor their work visas, or get a student visa

1.) Am I still legally allowed to apply for SSN even if the wedding is not pushing through? My visa expires on Feb. 22.

2.) And do I need my petitioner's permission to apply for SSN?

3.) Does my petitioner need to be physically with me when I apply for SSN?

4.) Can I apply for SSN in California even if my petitioner lives in Indiana?

1. Yes.

2. No

3. No

4. Yes.

Some people's k1's don't work out. Some people's work visas don't work out. You are doing nothing illegal by looking for an employer to sponsor you for a work visa, AS LONG AS you leave the US before your K1 is up, and come back on the work visa (or student visa or whatever). There is no other way to stay in the US on the K1 unless you marry and AOS with your petitioner.

[VanessaTony 3,567]

To everyone else, the OP has NEVER made it seem that she wants to stay and work in the US illegally. She is only wanting to look for an employer who will sponsor her for a work visa when she leaves in order for her to return. There is nothing illegal about that.

She has always stated she is leaving before her K1 expires. She is entitled to look for someone to sponsor her back to the US in the meantime.

Edited December 1, 2010 by Vanessa&Tony