unusual k1 petition

[scsummers 0]

Please do not reply with answers to hypothetical situations. I am providing all the information.

My woman came the the USA from the Philippines on a k1 visa. She did not marry the sponsor. Her k1 expired yesterday.

Now we have met, we want to get married. She is living with me in the USA. She will stay less than 6 months so she does not incur a 3 or 10 year ban. We want to apply for a new K1 visa. Can we do that while she is still in the USA? We know that she will have to return to the Philippines for the consular interview.

[Harpa Timsah 13,258]

You cannot renew the K-1, and you cannot adjust her status. The K-1 is very restrictive, and by not marrying the sponsor she has NO path to living in the US legally without leaving first.

She needs to leave the US and you need to file for your own visa for her. You can start the petition process now, while she is in the US.

[EndlessStory 53]

She need to leave since the visa expires. If she waits for the new K1 visa in the U.S. She will be overstaying.

[Pitaya 2,576]

Welcome to the forum.

Her K-1 visa was cancelled the second she entered the US at her POE. The K-1 visa is a one-way, one-time visa. She had 90 days to get married to her USC petitioner. If she did not get married to her original USC petitioner within 90 days of her US arrival, she needs to go back home, or be in violation of US immigration laws.

Here is the lowdown on K-1 visa process from USCIS, nothing hypothetical:

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

[Tahoma 2,291]

Please do not reply with answers to hypothetical situations. I am providing all the information.

My woman came the the USA from the Philippines on a k1 visa. She did not marry the sponsor. Her k1 expired yesterday.

Now we have met, we want to get married. She is living with me in the USA. She will stay less than 6 months so she does not incur a 3 or 10 year ban. We want to apply for a new K1 visa. Can we do that while she is still in the USA? We know that she will have to return to the Philippines for the consular interview.

Her K-1 visa expired the day she entered the U.S. Her I-94 allowed her to remain in the U.S. for 90 days. If her I-94 expired yesterday, then she is now an overstay. She has no way to stay in the U.S. and adjust her status because she did not marry her petitioner.

She needs to leave the U.S. She also needs to have her petitioner withdraw the petition. Once the petition is withdrawn, then you can petition her. Your petition is going to get the stink eye at the Embassy because of her back-to-back petitions and because of her overstay.

[scsummers 0]

This did not answer my question. Can we apply for a new k1 while she is still in the US.

quote name="A&B" post="6823574" timestamp="1392483328"]

Welcome to the forum.

Her K-1 visa was cancelled the second she entered the US at her POE. The K-1 visa is a one-way, one-time visa. She had 90 days to get married to her USC petitioner. If she did not get married to her original USC petitioner within 90 days of her US arrival, she needs to go back home, or be in violation of US immigration laws.

Here is the lowdown on K-1 visa process from USCIS, nothing hypothetical:

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

[Avery Cates 1,141]

This did not answer my question. Can we apply for a new k1 while she is still in the US.

If her previous petition has been withdrawn by the petitioner, then you can start filling out the paperwork and having her sign the things you need original signatures on, yes. However, she needs to leave the country immediately or else she's overstaying and will receive appropriate bans.

[scsummers 0]

Thanks. This is very helpful. Just needed to know if we could start the application process here. I am hoping we get an interview date within 6 months, theat way she only has to return to the Philippines for a short time.

Does anyone know if a hardship waiver might apply in this case. I am a disabled vet and her leaving for an extended period of time will be an extreme hardship for me.

You cannot renew the K-1, and you cannot adjust her status. The K-1 is very restrictive, and by not marrying the sponsor she has NO path to living in the US legally without leaving first.

She needs to leave the US and you need to file for your own visa for her. You can start the petition process now, while she is in the US.

[Jawaree 717]

She has to depart, do not petition a k1 until the first one is officially

cancelled, or it will likely show 2 petitions, once she enter that visa

expired, with no marriage she cannot adjust by any other means

Take this time to take pics showing you in a relationship now B4

she leaves, go visit her in her own country once, and take time to

know her its not an overnite thing....ppl don't fall in & out of love at

the drop of a hat....there may be some scrutinity from uscis

No hardship waiver is in the mix and they would ask how U have

been existing, It'll definitely be longer than 6 mths

Edited February 15, 2014 by Jawaree

[JejeAndSar 9]

yes you can apply while she is in the usa, but she will need to return for the interview/etc.

EDIT: Someone below said this was incorrect. Consult the post below.

Edited February 15, 2014 by JejeAndSar

[Tahoma 2,291]

This did not answer my question. Can we apply for a new k1 while she is still in the US.

Yes, you can petition her. However, you have zero chance of approval.

[aaron2020 11,651]

How about just marrying her and then file for a spousal visa. She returns to the PI to interview. She comes back with an immigrant visa.

The spousal visa saves on the cost of adjusting an she can immediately work. The K-1 requires adjusting and several months waiting for an EAD/AP.

The only risk is not gettin the visa and be married living in two countries.

[Harpa Timsah 13,258]

Thanks. This is very helpful. Just needed to know if we could start the application process here. I am hoping we get an interview date within 6 months, theat way she only has to return to the Philippines for a short time.

Does anyone know if a hardship waiver might apply in this case. I am a disabled vet and her leaving for an extended period of time will be an extreme hardship for me.

Not sure what you'd be waiving.

You can file the petition now, as I said, but there may be an issue with having another petition still active in the system, when you get to the visa stage.

[Jawaree 717]

yes you can apply while she is in the usa, but she will need to return for the interview/etc.

Incorrect answer, the 1st one have to be cancelled out or create a prob for his new one

if its being cancelled she should not be in the US still, she could get bans

[lost_at_sea 995]

Red flags galore.

Came to USA to marry one chap, didn't marry for whatever reason. Meets new guy just before stay expires. You are going to need some pretty amazing relationship evidence to pull this one off. Your proof of meeting is going to be her ticket/passport stamp into the USA on her K1, at the moment.

If you think you have a hardship waiver case (highly unlikely to get an expedite for hardship sans fiancé - how did you cope in the time before you met her a few weeks ago?), have you checked out the I-134 and I-864? If you are low income you may need to find a joint sponsor.

Edited February 15, 2014 by lost_at_sea