Woman with K1 visa wants to divorce and marry me

[Johna 0]

Hello everyone.

So recently I sent a letter to the USCIS to withdraw my I-129F petition because my fiancee and I broke up.

Now my "adventures" continue and I am faced with new obstacles..

(just to make things clear... this new story has nothing to do with the above mentioned breakup)

I met a woman this year here in the US who is here on K1 visa and is married to a US citizen.

We have been talking for a few months and fell in love and now decided that we want to get married.

We are totally confused at this point because we don't know what is the best way to go about the divorce and our marriage because we don't want to have any problems.

She came over about 6 months ago on K1, got married to her fiance, and, from what I understand, does not have a green card yet.

We are trying to at least get a grasp on how complicated this will be and whether we will need an attorney to even consider doing something like this in the near future.

Any help greatly appreciated. Thanks.

[Justud 42]

Bad situation all around. Dont do it.

[del-2-5-2014 1,339]

Hello everyone.

So recently I sent a letter to the USCIS to withdraw my I-129F petition because my fiancee and I broke up.

Now my "adventures" continue and I am faced with new obstacles..

(just to make things clear... this new story has nothing to do with the above mentioned breakup)

I met a woman this year here in the US who is here on K1 visa and is married to a US citizen.

We have been talking for a few months and fell in love and now decided that we want to get married.

We are totally confused at this point because we don't know what is the best way to go about the divorce and our marriage because we don't want to have any problems.

She came over about 6 months ago on K1, got married to her fiance, and, from what I understand, does not have a green card yet.

We are trying to at least get a grasp on how complicated this will be and whether we will need an attorney to even consider doing something like this in the near future.

Any help greatly appreciated. Thanks.

I wrote a long thesis but I think it was judgemental so I won't post it.

Anyways good luck to you all and consider not having kids together immediately.

[Krikit 1,163]

Moving from K-1 Process to Effects of Major Changes.

[Johna 0]

I apologize for not posting in the right section.

Why is it a bad situation? Could somebody elaborate on what problems could potentially come up?

[aaron2020 11,651]

She can only get a green card through her husband who filed the K-1 for her.

It would be fraud for her to get a green card at this point as she no longer has a bona fide marriage.

She needs to get a divorce.

She needs to return home.

You need to file for a K-1 fiancée visa.

There is no way for her to become legal by staying and marrying you. She can only become legal through her K-1 petitioner husband.

[Golden Gate 530]

I apologize for not posting in the right section.

Why is it a bad situation? Could somebody elaborate on what problems could potentially come up?

The girl that you now want to marry has not been here long enough to establish she has been in a good-faith marriage. How will she get her green card if she is not in love with her husband, but instead is in love with you? Her husband is her sponsor, and is the only one who can be, and you can never be her sponsor unless she goes back to her country and starts the whole process all over again. At any rate, the fact that she came here and then misused the visa will show up again if she is later petitioned by you. Anyone, correct me if I am wrong.

[baron555 934]

She can only get a green card through her husband who filed the K-1 for her.

It would be fraud for her to get a green card at this point as she no longer has a bona fide marriage.

She needs to get a divorce.

She needs to return home.

You need to file for a K-1 fiancée visa.

There is no way for her to become legal by staying and marrying you. She can only become legal through her K-1 petitioner husband.

I agree with the above; it's the cleanest and surest method.

She could stay with her husband and get the GC and then divorce and marry you but when it comes time to ROC and get her 10 year GC; the timelines will look fishy and a visa fraud decision could be rendered.

She could divorce her husband and then try to AOS on her own. If she is not sent back and is given the GC, then you two could get married and then a similar ROC attempt be made.

I will also refrain from commenting on why you would be engaging conversation that leads to "love" with a newly married woman?!!

[winnie george 67]

I agree with the above; it's the cleanest and surest method.

She could stay with her husband and get the GC and then divorce and marry you but when it comes time to ROC and get her 10 year GC; the timelines will look fishy and a visa fraud decision could be rendered.

She could divorce her husband and then try to AOS on her own. If she is not sent back and is given the GC, then you two could get married and then a similar ROC attempt be made.

I will also refrain from commenting on why you would be engaging conversation that leads to "love" with a newly married woman?!!

My thoughts exactly

[VanessaTony 3,567]

She could divorce her husband and then try to AOS on her own.

She can't get the GC on her own without claiming VAWA. That's a whole other issue.

[VanessaTony 3,567]

I apologize for not posting in the right section.

Why is it a bad situation? Could somebody elaborate on what problems could potentially come up?

I don't know you, I don't know her, but you said she got her "about 6 months ago". That means she's under 6 months married. She was "meant" to have been so in love with her fiance (now husband) that it should still be all good. I know rationally relationships aren't perfect, but you certainly don't want to be the rebound, and especially in a visa/GC situation where I assume her USC husband would be concerned she used him. Given what you've said, he would be fair in this assessment and you would be caught up in all that drama and anger. Better to wait until she sorts out her situation OR she divorces, leaves and you file for her. I personally wouldn't, she's shown that her fiance's don't hold her fancy for long.

[sara..... 371]

im not here to judge you or her but wanted to pass on some advise my mom gave all of us............

if you can take a man away from a girl some other girl will come and take him from you

same thing applies for man taking a women away from her husband.........

immigration is a long hard process.......six months is a very short time to fall out of love with someone that you left your home land for.... for your own safety please be sure of what your getting into

also the others are correct she would have to get a divorce and return home then you apply for her to come to the states either as your wife or fiance....she no longer has a valid marriage since she is now in love with you so for her to have her husband sponsor her gc would be legally wrong and also visa fraud i believe but i could be wrong on that last part

just my own opinion

sara

[LSnBigBear 61]

Well I am going to do my best to not pass judgements as I had similar situation happen to me in 2008 after I broke off my K1 in the 11th hour. My ex came here on my petition after I called and withdrew it (mix up USCIS, me and Manila. She got lucky). She was conversing with a man she met after I started the process. I figured out something was not smelling right so I called off the engagement. Long story short. She came here, I never saw or married her and I believe she went back and he started the process for her again. And she is back here in the states with him from what I heard.

So in your case, if this is true love and not for Visa purposes, or the "grass is greener on your side of the fence" then she needs to petition for a divorce and go back legally. Messing with the USCIS and immigration just one time is a lifetime ban. If it is meant to be you should do your best to support her and have her go back to her country and do what her husband did and petition her the proper way. Her not over-staying and going back will look much better in her case. If she stays and divorces him then she will be in for an immigration and legal fight to stay here. Keep in mind she may be thinking short term. Staying here illegally means she will NEVER get to return to her country and visit her family and come back here to be with you. It will be a one way ticket if she over stays. Think long term here and do what is eithical and legal. At the end of the day, consult an immigration attorney as well. But keep in mind some will take your case just for the money when you have no chance on winning.

I wish you the best.

Take care

Big Bear

im not here to judge you or her but wanted to pass on some advise my mom gave all of us............

if you can take a man away from a girl some other girl will come and take him from you

same thing applies for man taking a women away from her husband.........

immigration is a long hard process.......six months is a very short time to fall out of love with someone that you left your home land for.... for your own safety please be sure of what your getting into

also the others are correct she would have to get a divorce and return home then you apply for her to come to the states either as your wife or fiance....she no longer has a valid marriage since she is now in love with you so for her to have her husband sponsor her gc would be legally wrong and also visa fraud i believe but i could be wrong on that last part

just my own opinion

sara

Better advice than mine..

[Sandra G. 5,016]

Prepare yourself for a long,long but LONG battle with Immigration, add to this lots of money to spend with lawyers. Are you ready to spend time, effort and money with someone that just a few months ago was in LOVE with other guy and suddenly had a change of heart?.

[islandgal 74]

She can't get the GC on her own without claiming VAWA. That's a whole other issue.

Oh goodness don't get VAWA in their vocabulary. I'm now worried for the husband. Sigh.