K-1 Visa and no marriage

[xavierwayne 0]

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,

[VanessaTony 3,567]

She has no options. She is working ILLEGALLY because she isn't married so couldn't have filed AOS (and thus work permission). She needs to STOP working illegally 'cause she's just getting herself into more trouble.

She can't stay. K1 is to marry the K1 petitioner only and apply for AOS based on that marriage. Again, she has no options and she needs to return to her country.

[Inky 1,110]

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

[D N Medellin COL 75]

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.

[Harpa Timsah 13,258]

Sorry that happened to your friend. Unfortunately, K-1 is very restrictive. The only way to obtain legal status in the US from a K-1 is by marrying the petitioner and successfully Adjusting Status. If she still has time left on her I-94, she is here legally and can try to forge connections for possible future visa endeavors, for instance, find a job that would be willing to sponsor her for a work visa if she qualifies. However, she must leave by the end of her I-94 allotted time. There is no path to any legal status of any sort by staying in the country.

[realizment 18]

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.

[dwheels76 5,459]

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.

[Darnell 8,478]

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.

[VanessaTony 3,567]

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 March 28, 2012 by Vanessa&Tony

[TBoneTX 43,040]

She has no option but to return to her country.

Gentle correction: She has no option but to leave the U.S. before her I-94 expires. She's free to return to her country or to go to any other country that would accept her.

[newlyweds2010 208]

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.

[Brian121957 43]

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.

[baron555 934]

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.

The K-1 is not supposed to be a get to know you better visa. The couple is supposed to have a SOLID relationship which also means all the information and preparations for living in the US versus their country should have been thoroughly discussed and vetted out.

Unfortunately this is some times not the case and it is not a flaw in the K-1 process but a flaw in that particular relationship.....the major onus falls on the Petitioner's shoulders to ensure their Beneficiary is well prepared for life here.

The US indeed does not allow many foreigners to visit here and that is due to other reasons......

Petitioners should understand the potential problems when they start up a relationship with a person from one of these countries.....if they do not want to put out this effort, then they should not be dating someone from these countries. No one said it was going to be easy.

And love has nothing to do with the process.

[Ryan H 3,790]

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

Edited March 29, 2012 by Ryan H

[Bobby+Umit 161]

Only been here for one month and has a job and a seperate place to live?

Nice....

Is your friend working under the table or using some sort of SSN?