Advice Needed K1 Visa

[Rightsreserved 1]

Everyone,

My cousin entered the USA on a K1 visa, and now his fiancee decides to not marry him, and is causing all kinds of problems for him. He basically has been neglected from the begining of his arrival in the USA by his soon to be future in laws.

What can my cousin do to stay in the USA, and can he file a complaint against his fiancee family....

any advice will be helpful....

[together4evr 360]

He cannot LEGALLY stay in the USA. His fiance visa was to marry his fiance. He cannot adjust status any other way except by marrying her. I am sorry he is going through this.

He will have to return to his country so he does not become illegal and get a ban

[Rightsreserved 1]

Additionally the fiance family taken money from him in form of dowry and such.... There has to be some action he can take against the other family even if it entails lawyer....

[together4evr 360]

of course he can sue. It is the american way!

But he will have to do it from his country

[EAS 45]

Everyone,

My cousin entered the USA on a K1 visa, and now his fiancee decides to not marry him, and is causing all kinds of problems for him. He basically has been neglected from the begining of his arrival in the USA by his soon to be future in laws.

What can my cousin do to stay in the USA, and can he file a complaint against his fiancee family....

any advice will be helpful....

What complaint would he file? There is no law or rule or regulation that says the petitioner MUST marry the beneficiary. If either party does not wish to marry then that is that.

To my knowledge, there is nothing legal that the beneficiary can do to remain in the US after the end of the 90 day period IF the beneficiary has not married the original petitioner.

[Tintin and Mike 127]

He can't stay in the US legally if marriage won't happen within 90 days, he'll be out of status. So I suggest to go back to his home country and start all over. So sorry this had happen to you cousin.

Good luck!

[together4evr 360]

He cannot marry someone else either

He cannot get any kind of visa from inside the usa....I am not positive about work visas.....

[Moomin 292]

This is why the K1 visa is still non-immigrant and why there is only one petitioner to adjust status through. The couple aren't forced to marry each other however It's a rotten situation to be in for sure. Can the US fiancee at least pay for his return ticket as one last gesture?

He cannot adjust status, no. AOS will be based on the i129f petition. Not marrying the original petitioner causes the AOS to be denied. Best option is to start arranging to move home so he won't stay past the 90 days that he is allowed to.

[Cathi 5,771]

There is nothing for your cousin to do except for him to return to his home country. He came here to marry, it didn't work out, he is out of options.

[JimVaPhuong 4,863]

Additionally the fiance family taken money from him in form of dowry and such.... There has to be some action he can take against the other family even if it entails lawyer....

He can sue to get his money back. There's nothing he can do about his immigration status. The K1 locks the intending immigrant into a very tight corner. Either they marry the petitioner or they leave the US. It's really that simple.

There is nothing he can do legally to force her to marry him. There was a time, long ago, when a man's promise to marry a woman was considered an enforceable contract, and she could sue for "breach of promise" if he failed to marry her. This only applied to a man's promise to marry a woman. It never applied to a woman's promise to marry a man because of concept known as a "woman's prerogative". All US states have abolished "breach of promise" laws. Anyone can back out of a promise to marry at any time with no legal repercussions.

If she won't marry him then he must leave the US.

[sn530 27]

Rights reserved.... I think the above comments from members you have probably been provided with the legal answer to your question that was asked. I don't mean to pry into your family business nor do I intend any negative accusation upon your cousin . But my question to would be why would anyone want to stay in a country that there significant other is not an origin of? Why would he want to stay in the USA still even when his fiance does not want to marry him?....additionally have you spoke to and consulted with your cousin why after this long period of nearly a year they started treating him badly upon his arrival?..... seems a little fishy to me.... but then again I dont know the full scope of the situation. Majority of the individuals whom go through the k1 process have the ability to back out of a promise at anytime... but waiting for him to arrive and then treating him badly I don't know if that would be common practice or anything a intelegent individual would do. Also the dawry is given at the time of the wedding when the nikkah nama is signed...its your own cousins foolish mistake to give money to the family in advance. Furthermore most families in USA tend to make more money then people in Pakistan... and if your cousin was in a position to give money to them he must come from a wealthy family so why is he stressing about reclaiming dowry money?Also is it not that dowry money is for the girl anyways? thats if things don't work out and it seems they are not working out.... your cousin should have considered that an investment expense not just an asset to recover when and if needed. Once again I mean no pun or ill will... speak with your cousin see if its something he has initiated and try your level best to reconcile the differences.. many times issues like these arrise from a miss understanding created by the involvement of the family.Speak to the girl and ask her if this is what she wants and same with your cousin. Good luck!

Edited October 30, 2012 by sn530

[bigdog 376]

Hope your cousin gets this worked out.

[baron555 934]

Everyone,

My cousin entered the USA on a K1 visa, and now his fiancee decides to not marry him, and is causing all kinds of problems for him. He basically has been neglected from the begining of his arrival in the USA by his soon to be future in laws.

What can my cousin do to stay in the USA, and can he file a complaint against his fiancee family....

any advice will be helpful....

He MUST go back. There is no other option except to become an illegal immigrant and constantly face deportation. He also can not legally work.

[Birdysboy 5]

If your cousin is a spiteful person he might go talk to Homeland Security and see if this had been done before by your cousin's fiance. Might be grounds for a criminal fraud case if it had. Might even give him some "atta boys" from Homeland Security.

But in any event he must go back to Pakistan and tell him to do a K-2 next time and don't give up the dowry so fast.

[hawkeyez 45]

Go back home.