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xavierwayne

K-1 Visa and no marriage

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A dear friend of mine got the K-1 visa approved and flew to the love of her life last month only to be kicked out by him last week and the wedding called off. She gave up everything she had in her country to be with him here in the US and has nothing to go back to. She already has a job here and has a place to live and is looking for a way now to either change her Visa status or apply for a new visa to remain here as her K-1 visa will eventually run out.

Does anyone know where she can go from here? What are her options besides returning to her home country? Any advice is appreciated.

Thank you,

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No one is going to advise you how to help your friend illegally. Shes already illegally working.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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I ditto the above post. Must return before the visa expiration date otherwise there will be ramifications that will chase the individual for many years.


--------------------------------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

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What everyone said so far, is pretty much correct. Altough guys, she might have meant she has a job lined up, maybe not currently working? But if she is, she has to stop now as that is illegal.


  • I-129F Sent : 2011-09-15
  • I-129F Delivered:At 5:48 am on September 17, 2011 in DALLAS, TX 75266.
  • NOA1 Received: 2011-09-21
  • NOA2 Received: 2012-02-2
  • NVC Received: 2012-02-13
  • Packet 3 Received: 2012-2-28
  • Packet 3 Mailed to embassy: 2012-03-07
  • Packet4 Received: 2012-03-12
  • Interview Date: 2012-03-26
  • Interview Result: APPROVED!!
  • POE: Dublin: 2012-04-26
  • AOS Sent: 2012-07-20
  • EAD & AP Card received: 2012-11-05
  • AOS Approved: 2013-04-19
  • Conditional Green Card Received: 2013-04-27
  • I-751 Sent: 2015-02-17
  • NOA1 Received: 2015-02-18
  • RFE: 2015-09-16
  • Biometrics: 2015-04-02
  • Interview: N/A
  • Approval Date: 2015-10-15
  • Green Card Received: 2015-10-22

Make Real Wishes

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What everyone said so far, is pretty much correct. Altough guys, she might have meant she has a job lined up, maybe not currently working? But if she is, she has to stop now as that is illegal.

I'm just curious is the reason she is illegally working now because the reason that brought her here no longer exists? Can she plead asylum or something? Or would that only apply to a married person. I feel for her. Dang that's a shame.


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she's working illegally.

Legally, she has 'enough presence' to stay in the USA for the duration of her I-94, and that's it. Past the expiration date on the I-94? She starts to accrue illegal presence and at some point her status will be checked, she's deportable after that.

Suggest she contact HER Embassy in the USA - they should have some assistance in paying her airfare as an 'aggrieved traveller'. But she must call, inquire, it's never automatic.


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I'm just curious is the reason she is illegally working now because the reason that brought her here no longer exists? Can she plead asylum or something? Or would that only apply to a married person. I feel for her. Dang that's a shame.

She's working illegally because a K1 does NOT permit working without an EAD. She didn't marry and apply for AOS which would have given her the greencard. She could have applied for the EAD (work permit) at the same time as AOS and worked on that.

Depending on where the OP's friend is from asylum is a minute possibility but she came on a fiancee visa so I doubt it would be believed. She can't apply for VAWA or anything (not that he abused her from the post) because they're not married.

She has no option but to return to her country.

Edited by Vanessa&Tony

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As sad and harsh and unjust as it may sound, without a valid marriage there is nothing a K1 holder can do to stay legally. Your friend will have to go back home on the 90th day. I also see it very unlikely to have any sort of recourse against her ex hubby-to-be: and even if she did, litigating in the US is so expensive that she would end up paying more than what she would obtain. Very sorry for how she was treated like an unwanted UPS parcel.

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Sorry this has happened but this does highlight what I see as a major flaw in the K1 process.

I think the USC can go to almost any country ant any time with little if any advance paperwork. But for many citizens of other countries travel to the US for a visit (even just 1 week) can be very hard if not impossible. The first time the beneficiary comes to the US on their K1 they must arrange to be gone for months if not years from their home country. Then when something goes wrong, after all it is the first time they will be in the US, they have nothing to return to in their home country.

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Moved from K1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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