unusual k1 petition

[Hank_ 9,174]

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

Think about that for a second. She is now illegally in the USA... and you want to know if she can apply for a visa while staying illegally in the USA.

[jyaku 138]

She's already beyond getting another K1 because if she applies, they will ask her at the interview, do you swear to tell the truth, so help you god?

Have you overstayed in another country?

If she lies, she gets denied for lying (since they'll have her full record).

If she tells the truth, that she overstayed when the marriage didn't take place, she gets denied for the overstay.. as she'll get asked why. If she answers she didn't have enough money, it's because she's liable to become a public charge.

The ONLY way for you to make it work is to go live in Philippines with her since her getting another Visa is pretty much out of the question with the current overstay.

And hardship only applies to already married couples with 2+ years married (which is how they get a straight 10 year green card, instead of a temporary 2 year one).

Edited February 16, 2014 by jyaku

[christeen 966]

She's already beyond getting another K1 because if she applies, they will ask her at the interview, do you swear to tell the truth, so help you god?

Have you overstayed in another country?

If she lies, she gets denied for lying (since they'll have her full record).

If she tells the truth, that she overstayed when the marriage didn't take place, she gets denied for the overstay.. as she'll get asked why. If she answers she didn't have enough money, it's because she's liable to become a public charge.

The ONLY way for you to make it work is to go live in Philippines with her since her getting another Visa is pretty much out of the question with the current overstay.

And hardship only applies to already married couples with 2+ years married (which is how they get a straight 10 year green card, instead of a temporary 2 year one).

This post is wrought with inaccurate info and advice, I do t even know where to begin! As others have said, have the original fiancé USC formally withdraw the k1 application, then you can apply for her from wherever you are, she needs to return (much in advance of the 180 mark) and you need to really gather your evidence as your case will get the stinkeye....

[asianculture 14]

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.

,As far as i know you can marry her, file a spousal visa and also the I-601 waiver, after the waiver has been approved, she has to go back to the Philippines for an interview because she cannot adjust her status in the USA, it is a bit longer process but everything will be resolved, as long as you guys can prove that you have a genuine relationship and she will not be a burden to America.

Get an expert Lawyer for I-601 waiver, there is another site called immigtate2us.net and you can get a lot more info and suggestion regarding I-601 waiver.

Good luck and God bless.

[ShirahBet 42]

And hardship only applies to already married couples with 2+ years married (which is how they get a straight 10 year green card, instead of a temporary 2 year one).

You don't have to be married for over 2 years to be approved for a hardship waiver. The same rule applies, if a waiver is approved prior to 2 years of marriage and the entry is before the 2 year anniversary, they get a 2 year LPR. Anything post 2 years gets a 10 year card. It's the same rule.

[sweet cakes 326]

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.

I love the spirit but I'm afraid your attitude will not get you anywhere. There's really nothing I could add more with all the advice given here, but I just hope you realize and see the big picture by now. If you're decided in pursuing this, expect that this will be an uphill battle without shortcuts, and I hope you are prepared financially & emotionally.

[KayDeeCee 4,904]

She's already beyond getting another K1 because if she applies, they will ask her at the interview, do you swear to tell the truth, so help you god?

Have you overstayed in another country?

If she lies, she gets denied for lying (since they'll have her full record).

If she tells the truth, that she overstayed when the marriage didn't take place, she gets denied for the overstay.. as she'll get asked why. If she answers she didn't have enough money, it's because she's liable to become a public charge.

The ONLY way for you to make it work is to go live in Philippines with her since her getting another Visa is pretty much out of the question with the current overstay.

And hardship only applies to already married couples with 2+ years married (which is how they get a straight 10 year green card, instead of a temporary 2 year one).

This is all wrong information.

Yes, they can apply for another K-1. Having been granted one before does make you ineligible to apply for another. There is no need to lie about having a K-1 before, as there is no point to it and they will know already anyway.

She will not be denied for overstay is she has no bar against her. Have no idea what that has to do with lack of money and being a public charge or not.

The only way is NOT simply that he must live in the Philippines now. She is not ineligible for another visa. They can apply for a K-1 or get married and apply for a CR-1.

Waivers are not solely for couples that have been married for 2+ years. How long one is married depends on whether or not they receive a green card that expires in 2 or 10 years. It has nothing to do with the waiver itself. Even someone that has not married yet and is seeking a K-1 visa approval can apply for a waiver, if needed.

[TBoneTX 48,955]

The OP spent an hour on VJ and hasn't returned since. Let's perhaps minimize wasting our breath until we see if he comes back.