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Posted

Hello VJ

HELLO VJ,

I just want to ask a question?

My friend she entered in the USA

as a K1 or fiance visa

and her fiance past away, and

she found another man who is

welling to marry her.

My question is... Is she gonna go home

and process the visa again or

just stay in the USA?

to think K1 visa is only allowed to stay for 90 days

if you will not marry your man.

Any advice and concern please!!!!!

Thanks

Filed: Country: Colombia
Timeline
Posted

Hello VJ

HELLO VJ,

I just want to ask a question?

My friend she entered in the USA

as a K1 or fiance visa

and her fiance past away, and

she found another man who is

welling to marry her.

My question is... Is she gonna go home

and process the visa again or

just stay in the USA?

to think K1 visa is only allowed to stay for 90 days

if you will not marry your man.

Any advice and concern please!!!!!

Thanks

First prayers for your friend with the passing of her fiance.

She must not overstay her K-1 (90 day limit) otherwise she risks future denials and problems. She needs to return home within the time limit. The K-1 is NOT transferable regardless of the circumstances.

--------------------------------K-1----------------------------
October 1, 2011 Mailed I-129F Application
October 7, 20122 Notice Date of NOA 1
February 15, 2012 Received Hard Copy of Approved NOA 2
March 8, 2012 Rec email Pacs 3/4 US Embassy in Bogota
March 29, 2012 Scheduled Interview
June 7, 2012 Interview APPROVED!

------------------------------Arrival @ LAX-----------------------------
July 27, 2012 Arrived POE @ LAX
October 21, 2012 Married (L) (L)

------------------------------AOS----------------------------------
April 20, 2013 Mailed AOS package

April 29, 2013 AOS NOA

May 22, 2013 Biometric date

June 7, 2013 NOA, rec. interview date for 7-16-13

June 18, 2013 EAD/AP Approved

June 29, 2013 Rec. in mail EAD/AP combo card

July 8, 2013 AOS process on HOLD, interview canceled unsure.png as wife returned to Colombia on medical emergency!

Oct. 17, 2013 AOS Interview re-schedule to November 20, 2013

Nov. 1, 2013 Rec. Notice from USCIS that 11-20-13 interview "due to unforseen circumstances" has been CANCELED. girlwerewolf2xn.gif

December 18, 2013 Rec. notice that AOS interview has been re-scheduled for January 17, 2014 (we will see)

January 17, 2014 Interview and AOS was APPROVED! dancin5hr.gif

January 27, 2014 Received GREEN CARD in mail! kicking.gif

-----------------------ROC----------------------

December 23, 2015 ROC Mailed I-751 to CSC

December 30, 2015 ROC NOA1

January 25, 2016 ROC Bio appointment

May 26, 2016 Approved!

June 4, 2016 - Received 10-year PERMANENT RESIDENT CARD in mail! :thumbs:

-----------------------CITIZENSHIP------------------

November 16, 2016 Mailed

November 19, 2016 NOA date

December 13, 2016 Biometrics

Filed: Country: Philippines
Timeline
Posted

Even if she did get married to another man, she would never be able to adjust her status. Best for her not to over stay and risk a 3-10 bar.

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

Filed: K-1 Visa Country: Pakistan
Timeline
Posted

Quite frankly, this is quite odd ... The girl is dealt this tragic loss of her significant other, and in time of mourning, she all of a sudden finds a 'new' fiance, and ready to jump into a new relationship. Call me crazy, but, there's no way USCIS would should allow her to remain here.. She needs to go back and re-start the process and validate the new relationship is legitimate w/ proper documentation,etc..

Hello VJ

HELLO VJ,

I just want to ask a question?

My friend she entered in the USA

as a K1 or fiance visa

and her fiance past away, and

she found another man who is

welling to marry her.

My question is... Is she gonna go home

and process the visa again or

just stay in the USA?

to think K1 visa is only allowed to stay for 90 days

if you will not marry your man.

Any advice and concern please!!!!!

Thanks

I-129F Sent : 2011-07-06

I-129F NOA1 : 2011-07-08

I-129F NOA2 : 2011-09-29

NOA2 Approved: 2011-10-01

NOA2 Paper Recv: 2011-10-03

NVC Recv: 2011-10-17

NVC to Embassy Sent: 2011-10-19

Embassy Recv Packet: 2011-10-21

Packet 3.5 Recv'ed: 2011-11-03

Packet 3.5 Sent: 2011-11-05

Interview Date: 2011-12-19

K1 Issued 2012-01-13

POE 2012 -03-14

Marriage 2012-03-19

SSN Received 2012-04-09

Filing AOS 2012-04-11

Biometrics Completed 2012-05-17

EAD Card Received 2012-07-02

Green Card Interview 2012-08-02

Card in Hand 2012-08-14

*******************************************

DONE WITH K1!!!!!!!!!

Filed: AOS (apr) Country: Denmark
Timeline
Posted

Unfortunate, I'm sorry for her loss.

However, this is immigration with pretty understandable rules. To eliminate visa fraud(amongst other factors), a foreign fiance(e) can't just adjust status based on any marriage. It has to be to the original petitioner. The AOS will be denied. Had they gotten married it would be a different thing although I couldn't see the point of staying in the US after been here less than 90 days, not married and found another man. What's the timeline for this? I've been here for way longer and still would want to hit-the-road-jack if that happened to me. I'm sorry, it's not being judgmental towards your friend. It's a point of view seen with USCIS goggles on.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

Posted

Unfortunate, I'm sorry for her loss.

However, this is immigration with pretty understandable rules. To eliminate visa fraud(amongst other factors), a foreign fiance(e) can't just adjust status based on any marriage. It has to be to the original petitioner. The AOS will be denied. Had they gotten married it would be a different thing although I couldn't see the point of staying in the US after been here less than 90 days, not married and found another man. What's the timeline for this? I've been here for way longer and still would want to hit-the-road-jack if that happened to me. I'm sorry, it's not being judgmental towards your friend. It's a point of view seen with USCIS goggles on.

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

You have the answer for her already.

She cannot marry the new guy. She needs to go back home. If she does marry the new guy (regardless of how they met) she is breaking the law and therefore, could (and very likely) will be subject to deportation with a wonderful 3 or 10 year ban.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

I have a question that maybe the other more senior members would know the answer. Can she get married, then go back home and do a CR-1? Just a thought... She'd stil have to go home, but the relationship would be more concrete.

I don't want to invite judgement of whether it's "OK" with her prior fiance and that relationship recently over, just wondering about the legality of the situation.

 
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