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Khan sab

My fiancee does not want to marry me .My brother is US national . Can he apply for my adjustment

By Khan sab in Effects of Major Family Changes on Immigration Benefits

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Khan sab Apprentice

Khan sab   4

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Filed: K-1 Visa Country: Pakistan
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Posted

hi ,

I am in trouble . My fiancee does not want to marry me . She said she loves someone else now .My one month is gone . 2 Months left . My brother is US national , Can he apply for status adjustment ? so that i can stay here . please help ..

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Ketsuban
Ketsuban

I second this, sounds like OP is only interested in living in the US no matter what it takes. That's not what the K-1 is meant to be for. It's to be with someone you love who happens to live in the US

ZirZai
ZirZai

Well I feel bad for the CO, he was stuck in AP for a whole year and in the meantime his fiance was busy falling in love somewhere else... She should have been honest and saved him the trouble of comin

christeen
christeen

OP... Sorry but you will not be able to stay legally... But in some ways I understand and have sympathy for someone not wanting to go back right away... The immigrant spent all this time, money and en

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

No. Well, mostly No.

But someone who knows about sibling sponsership and priority dates will chime in, soon.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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fedo Contributor

fedo   2

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Filed: K-1 Visa Country: Egypt
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Posted

no , your brother can't aply to adjust your status . your K-1 VISA can only be adjusted thour your wife. now my question did you get married ? or not yet? if not and she is not willing to marry you. YOU MUST GO BACK TO YOUR COUNTRY THERE IS NO WAY AROUND THIS .

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Harsh_77 Mentor

Harsh_77   716

Posted
Filed: IR-1/CR-1 Visa Country: India
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Posted

No if you have entered on K1, there is no option for you, you will have to return back.

Your brother can file for you and you will have to complete the rest of the process back home and once a new visa is issued you can come back again.

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Anna Grant Rising Star

Anna Grant   169

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
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Posted

I am sorry that this has happened to you but why would you want to stay if you are not getting married to the person who petitioned you and you've only been here a month? Time to go home, I'm afraid.

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Pinkrlion Mentor

Pinkrlion   2,610

Posted
Filed: Country: Jamaica
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Posted

hi ,

I am in trouble . My fiancee does not want to marry me . She said she loves someone else now .My one month is gone . 2 Months left . My brother is US national , Can he apply for status adjustment ? so that i can stay here . please help ..

You have to return home, only your fiancee can file for your adjustment.

Phase I - IV - Completed the Immigration Journey 

 

 

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lost_at_sea Experienced

lost_at_sea   995

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted

As you entered on a K1, adjustment of status can only be made on the condition that you married your sponsoring fiancé within the 90 days of your entry. You have to leave before the 90 days are up.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London
7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production
27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed
26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Girl from Celebes Experienced

Girl from Celebes   588

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
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Posted

That's why they called a K-1 visa as a fiance(e) visa. I bet you've already read all the requirements about K-1 visa since you are now in US. It is well written on I-797 hardcopy that you have to marry your fiance (e) within 90 days otherwise you have to leave if no marriage between you and your fiance (e) is occur.

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

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Pitaya Grand Master

Pitaya   2,576

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted

~Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits~

~Inquiry about AOS with different petitioner, past K-1~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Ketsuban Experienced

Ketsuban   1,034

Posted
Filed: Citizen (pnd) Country: United Kingdom
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Posted

I am sorry that this has happened to you but why would you want to stay if you are not getting married to the person who petitioned you and you've only been here a month? Time to go home, I'm afraid.

I second this, sounds like OP is only interested in living in the US no matter what it takes. That's not what the K-1 is meant to be for. It's to be with someone you love who happens to live in the US.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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JayJayH Proficient

JayJayH   546

Posted
Filed: Lift. Cond. (apr) Country: South Korea
 Timeline
Posted (edited)

You can only adjust status through marrying the person who petitioned you. There is absolutely no other way to adjust status from a K-1. Doesn't matter if you have a US citizen brother, mother, wife. If it's not the original petitioner, you cannot adjust.

If you do not marry the petitioner within 90 days of arrival, you have to return, or risk overstaying with no other option than getting a bar from re-entry, at which point you will be barred from any visa application, even if your brother were to petition for you. If you overstay by up to one year, it's a 3 year bar, whereas overstaying for more than one year is a 10 year bar. The bar is triggered when you leave the US.

Not quite sure what you mean by US national - US citizens can petition for their siblings (though the wait is very long. You cannot wait in the US while your petition is pending, and you will be subject to your K-1 visa. US permanent residents cannot petition for their siblings.

Edited by yang-ja
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Shiobhan Experienced

Shiobhan   235

Posted
Filed: Other Timeline
Posted

oops8rh.gif Lordy lord I had to re-read for moment

hope its not early senility I am facing, I thought

siblings wanted to marry each other to adjust

OH' OP sorry things did not work out cancel

the petition and go home before you are out of

status, your sibling cannot help right now.

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