In the States on a K1 visa and still not married....

[Luv my Boy 0]

Hello to all my visa journey friends!!!

It's been a while since I had posted anything on this website. But I read the forum and pray for those who r going thru the k1 visa process. My situation is kinda complicated and screwed up. I came to the United States on a k1 visa in April, 2010. My fiance and I were supposed to get married and start the AOS process.But after 2 months of my staying here, he told me he wasn't ready and that he needed some time. I wanted to go back to my home country(I'm from Ukraine), but he convienced me not to leave, saying we'll get married after some time. So i believed him and never left. My visa expired in July so it's been about 7 months since i've been in this country illegally.I still live together with my "fiance", help him at his family's restraunt 7 days a week but hear nothing from him about getting married ever again.(I know i'm not supposed to work but this is the only way i can pay my bills and apartment. They own an italian restaurant in the US). So i tried to talk to him again and he still says he is not ready. We live together, help his family's business together and he says he is not ready. He's 22 and i'm almost 23. Problem is he is both US and Italian citizen, and some day in the future he plans on moving over to Italy and bringing me over there with him. I dono if thats going to happen tho. As far as i know it's gonna be really hard for me to get a visa to another country after I had oversatyed this visa already. Anyways, i don't really like this whole idea of his and wanna ask you for an andvice. Is there any way i can adjust my status without marring my petitioner? i searched everywhere and i pretty much know all the answers but just wanna make sure theres nothing i can do about my situation. I really dont wanna leave right now but it also looks like my "fiance" is not going to change his mind..... Disappointed and desperate.... Need Help!!!!!!!!!!!!!!!!!!!!!!!!!!

[amykathleen2005 441]

You cannot adjust your status from a K-1 without marrying your petitioner. My opinion is to stop let him lead you on. You have better things to spend your time on. You gave up everything to come over here and he is not even giving you the courtesy of a decision.

[RICARDO4EVA2 194]

Hello to all my visa journey friends!!!

I I came to the United States on a k1 visa in April, 2010. My fiance and I were supposed to get married and start the AOS process.

My visa expired in July so it's been about 7 months since i've been in this country illegally.

Is there any way i can adjust my status without marring my petitioner? i searched everywhere and i pretty much know all the answers but just wanna make sure theres nothing i can do about my situation. I really dont wanna leave right now but it also looks like my "fiance" is not going to change his mind..... Disappointed and desperate.... Need Help!!!!!!!!!!!!!!!!!!!!!!!!!!

** I Edited your post **

There's no way to still stay here and Adjust your Status. There is no one else that you can marry. The o`n`l`y option that is available to you based on your issue is to return to your county so the max ban would not be acquired. If you decide to stay here then you'll forever be in the illegal status you're in. Sorry he convinced you to stay after when he wouldnt fix the issue. He's 23 now.. maybe he was just jumping the gun on the marriage thing at 22 (I assume).

Edited January 24, 2011 by RICARDO4EVA2

[amykathleen2005 441]

** I Edited your post **

There's no way to still stay here and Adjust your Status - even if you two got married.. Still isnt possible. There is no one else that you can marry. The o`n`l`y option that is available to you based on your issue is to return to your county. If you decide to stay here then you'll forever be in the illegal status you're in. Sorry he convinced you to stay after when he wouldnt fix the issue. He's 23 now.. maybe he was just jumping the gun on the marriage thing at 22 (I assume).

Actually they can still marry and adjust, they would just have to file I-130 as well.

[RICARDO4EVA2 194]

Actually they can still marry and adjust, they would just have to file I-130 as well.

sorry i had changed it abit just as you sent the msg.

[VanessaTony 3,567]

Actually they can still marry and adjust, they would just have to file I-130 as well.

Just to make this more obvious, she can ONLY marry the original petitioner. She cannot marry anyone else and AOS. She can still marry the original petitioner after the 90 days but it would not be based on the K1, it would be based on an I-130 (much like filing based on a visitors visa).

[amykathleen2005 441]

Just to make this more obvious, she can ONLY marry the original petitioner. She cannot marry anyone else and AOS. She can still marry the original petitioner after the 90 days but it would not be based on the K1, it would be based on an I-130 (much like filing based on a visitors visa).

I already mentioned that she had to marry her K-1 petitioner in a previous post:

You cannot adjust your status from a K-1 without marrying your petitioner. My opinion is to stop let him lead you on. You have better things to spend your time on. You gave up everything to come over here and he is not even giving you the courtesy of a decision.

Edited January 24, 2011 by amykathleen2005

[VanessaTony 3,567]

I already mentioned that she had to marry her K-1 petitioner in a previous post:

Yes but some people choose to read only bits and pieces and because you simply wrote "they can still marry and adjust using an I-130" I thought I should make sure people realised it was ONLY to the original petitioner that the I-130 would work.

[Luv my Boy 0]

Thanks to all of You guys!!! At least now I know for sure.....

[william_wallace 8]

Yes but some people choose to read only bits and pieces and because you simply wrote "they can still marry and adjust using an I-130" I thought I should make sure people realised it was ONLY to the original petitioner that the I-130 would work.

As she entered on a K1 visa and didn't marry within the 90 days, Isn't she risking of being denied if they filed the I-130. If it was me, I would marry then go back to my own country then get the OH to file the petition. That way there's a better chance of being approved. Risky business not marrying withing a 90 day period on a K1 and staying in the US...........Just my thoughts on it, that's all.

[RICARDO4EVA2 194]

guess they could be denied too if they went back at time of interview for overstaying.. guess the benefit is the illegal presence would be forgiven here in the usa.

Edited January 24, 2011 by RICARDO4EVA2

[Luv my Boy 0]

Ukraine is tough on issueing visas....don't think if i go back it'll help my situation on adjusting my status here any time in the future....

[JimVaPhuong 4,863]

As she entered on a K1 visa and didn't marry within the 90 days, Isn't she risking of being denied if they filed the I-130. If it was me, I would marry then go back to my own country then get the OH to file the petition. That way there's a better chance of being approved. Risky business not marrying withing a 90 day period on a K1 and staying in the US...........Just my thoughts on it, that's all.

No. There's a risk if you submit an AOS after entering with a visa that does not allow for immigrant intent. However, a K1 visa specifically allows for immigrant intent - it's the whole purpose of the visa. If she marries the petitioner then she can adjust status relatively easily if they include an I-130 with the AOS petition. The overstay would be irrelevant. USCIS isn't even allowed to consider it if she's an immediate relative of a US citizen.

[william_wallace 8]

I do feel for you cause it seems your stuck in some sort of limbo that's not your fault. Question is, why you worrying about paying the bills and apartment, when the person who signed the affidavit of support is? Isn't the petitioner paying the bills?

Seems to me something wrong is going on here. You need to tell your OH he needs to make a quick decision or your off. Even if you do get married and file the I-130 within a decent time frame, you will be nearly 1 year illegally in the US. Good luck on this one, you deserve some good advice.

[william_wallace 8]

No. There's a risk if you submit an AOS after entering with a visa that does not allow for immigrant intent. However, a K1 visa specifically allows for immigrant intent - it's the whole purpose of the visa. If she marries the petitioner then she can adjust status relatively easily if they include an I-130 with the AOS petition. The overstay would be irrelevant. USCIS isn't even allowed to consider it if she's an immediate relative of a US citizen.

Isn't there a red flag as they haven't married yet? A K1 visa easily explains that you only have 90 days to marry once you enter POE or you have to leave. It's all fair and good filing the I-130 and I-145 once they marry but how easily will the USCIS approve it?