Jump to content

23 posts in this topic

Recommended Posts

Filed: Timeline
Posted (edited)

my fiancée and I both have marriage issues and we want to live as partners not married. we want to have kids but as partners

We got our K1 visa some months ago.

I just arrived the US last week.

Can we file for EAD & SSN as non married civil law partners?

please adviced is needed

Peter

Edited by Peter Kwame
Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted (edited)

Not with a K-1 visa, sorry.

Must be married within 90 days. If not married, then is best to return back to your home country.

You getting an SSN is easy, regardless of 'next status', if yer diligent at the SSA office about 2 weeks from yer POE date.

You getting an EAD - sure -it's possible, but it will expire ON THE DAY of yer I-94's expiration date.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

There is no wiggle room for what you would like to do. If the non-USC leaves the US there is no way for them to return with the K1.

And without marriage to the K1 petitioner you can't remain in the US and adjust status to obtain a green card. Even if you married another person, you could not adjust based on that marriage if you originally entered the US on a K1 visa.

Darnell is spot on. Your ability to work legally would expire on the date that your I-94 expires.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: IR-1/CR-1 Visa Country: Russia
Timeline
Posted

Then get married and later get divorced.

You will satisfy the USCIS and end up what you want to be - partners.

my fiancée and I both have marriage issues and we want to live as partners not married. we want to have kids but as partners

We got our K1 visa some months ago.

I just arrived the US last week.

Can we file for EAD & SSN as non married civil law partners?

please adviced is needed

Peter

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

Filed: Citizen (apr) Country: China
Timeline
Posted

There is no such thing as a "Shack Up Visa" only way to shack up with a partner is with another US Citizen, Resident, or perhaps an illegal alien.

A person in the USA on a K-1 that does not marry within the 90 days of the I-94 becomes an illegal alien, so perhaps can shack up with the illegal alien, however like any other illegal alien wont be able to get green-card SSN, DL or any other thing afforded to a US Citizen, or US resident.

K-1 can apply for SSN and EAD during the 90 days of the I-94, but EAD will expire when the I-94 card expires, and the SSN will be marked "Valid with DHS authorization only"

K-1 cannot adjust status based on a marriage to anyone other than the person who petitioned for the visa.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: Other Timeline
Posted

my fiancée and I both have marriage issues and we want to live as partners not married. we want to have kids but as partners

We got our K1 visa some months ago.

I just arrived the US last week.

Can we file for EAD & SSN as non married civil law partners?

please adviced is needed

Peter

Hi, Peter,

sure you can get just a civil marriage. No need for anything church-related. You both keep your given names, don't need to have children, and be 50/50 partners in everything. It is a civil union, except they call it marriage here.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Posted

A 'civil marriage' is not the same thing as 'civil law partners'. (Common Law Marriage)

As posted above, if you don't marry within 90 days of your date of entry, the alien MUST return to their home country. There is no way around that.

I'm kind of curious why a couple would file a fiance visa that states a requirement being 'must be married within 90 days' and submit Letters of Intent saying they will marry... if they really didn't want to get married. That doesn't make much sense to me. :P

Spoiler

 

07/20/2011-------I-485 and I-765 Sent
07/26/2011-------NOA1 received via email
08/05/2011-------RFE Notification via email and text
08/11/2011-------RFE Hardcopy in mail
08/12/2011-------RFE Sent back
08/15/2011-------RFE Received at USCIS
08/24/2011-------Biometrics Appointment
09/06/2011-------Notice of Interview! (via text)
09/15/2011-------EAD Approved Notification via text
10/06/2011-------Adjustment of Status Interview - APPROVED!!!

11/08/2011-------Green Card Received!!

07/09/2013-------Lifting Conditions Filed

07/12/2013-------NOA received

10/01/2013-------Approval Date

10/15/2013-------Ten Year Green Card Received! Finally!

 

 

Posted

You can both move back to your country and live ''single '' but together and have a happy life . Did you guys not have this discussion before filing ?? Its too late now .Best of luck .

-400 CITIZENSHIP TIMELINE

01-17-2015 = N-400 packet sent (to P.O. Box Dallas via USPS Priority Mail)
01-21-2015 = N-400 packet delivered
01/25/2015 = E confirmation / Text received

01/26/2015 = Check cashed .

02/02/2015 = NOA1 received (Priority Date 01/21/2015)
02/09/2015 = Biometrics Letter received .

02/18/2015 = Biometrics

02/20/2015 = In line for interview

04/10/2015 = Interview Letter received .

05/11/2015 =Interview .

05/11/2015 = Passed Interview
07/01/2015 = Oath letter received
07/24/2015 = Oath Cerememony

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

Get married within the 90 days, have a heavy duty prenup that basically says you agree to maintain your property as separate, don't use it as evidence at AOS, develop jointness were it makes sense ( a policy for 2 people is usually cheaper than 2 policies each for one person ) Stay combined until after removal of conditions , if you divorce before it will be hard to explain marriage in good faith , but being divorced and living together at removal. Once you have your unconditional green card then you can do as you wish , if you do divorce you will have to wait 5 years to become a USC. That way you are playing but their rules as long as you need and then spend the next 80 years living by your rules.

This will not be over quickly. You will not enjoy this.

Filed: Country: Vietnam (no flag)
Timeline
Posted

IMO, if you go into this with any intention except staying together, that is visa fraud. And, frankly, as someone who has to go through all this red tape to do it right, I don't have any sympathy for anyone looking for ways to commit fraud.

Either decide to get married, or don't take advantage of the visa intended for those who are getting married.

Nobody has the right to bring a 'friend' to the US... only a spouse/fiancee.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
As posted above, if you don't marry within 90 days of your date of entry, the alien MUST return to their home country.
A gentle correction, si man: The alien must leave the U.S.; where he or she goes is up to the alien.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Posted

my fiancée and I both have marriage issues and we want to live as partners not married. we want to have kids but as partners

We got our K1 visa some months ago.

I just arrived the US last week.

Can we file for EAD & SSN as non married civil law partners?

please adviced is needed

Peter

Peter,

Why would you and your fiancee go through the trouble (time and expense) to get a visa which main condition is TO MARRY within 90 days of arrival if you have "marriage issues"? Sorry, but it makes no sense to me. If you do not wish to be legally married, then don't get married, but you need to leave the USA before the 90 days since your arrival expire.

Best wishes!

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

Filed: K-1 Visa Country: Philippines
Timeline
Posted

A 'civil marriage' is not the same thing as 'civil law partners'. (Common Law Marriage)

As posted above, if you don't marry within 90 days of your date of entry, the alien MUST return to their home country. There is no way around that.

I'm kind of curious why a couple would file a fiance visa that states a requirement being 'must be married within 90 days' and submit Letters of Intent saying they will marry... if they really didn't want to get married. That doesn't make much sense to me. :P

:thumbs:

:reading:

3.gif

"The perfection/respect/credibility of a man decreases by the number of marriages he has had and by the number of kids he has outside his current marriage. ", Quote by Bite YourDust
  • Met on yahoo chat through a friend.
  • April 2010 - Decided to meet in person
  • 06.01.2010 - She flew from Dubai to Philippines for vacationing
  • 06.21.2010 - We met in Philippines
  • 06.24.2010 - Engaged
  • 06.28.2010 - Came back to USA
  • 07.05.2010 - She flew back to Dubai (work)
  • 08.02.2010 - Mailed I129F to VSC
  • 08.03.2010 - Delivered to VSC. Signed by D RENAUD.
  • 08.09.2010 - Check cashed
  • 08.14.2010 - NOA1 (Dated 08/06/2010)!!!!!!!!
  • 08.19.2010 - Touched!
  • 08.27.2010 - Received snail mail that typographical error was fixed.
  • 10.03.2010 - Touched!
  • 11.21.2010 - Visited her for a week in Dubai!
  • 02.14.2011 - NOA2 Approved on St. Valentine day!!!!!!!
  • 02.17.2011 - Packet left from NVC to ABU DHABI (Dubai)
  • 02.19.2011 - NOA2 hard copy received
  • 02.22.2011 - Packet reached ABU DHABI's consulate
  • 03.02.2011 - packet 3 & 4 received by email
  • 03.02.2011 - Confirmation of Interview on 04.14.2011 -
  • 03.07.2011 - Fiancee passed medical exam.
  • 04.14.2011 - K1-Visa Approved!!!!!!!!!!!!!!!!!!!
  • 04.21.2011 - Picked up Visa !!!!!!!!!!!!!!!!!!!
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...