unusual k1 petition

[Boiler 48,524]

I am a disabled vet

Yet you have no issue in aiding an abetting an illegal?

Thank you for your service.

[Gwapo1ako 14]

Please keep personal observations and advice to the lovesick to yourself. I am only interested in what the law says about my situation. ANYTHING I learn here I will use to ask questions when I consult an attorney.

Damn, man... you seriously gotta chill.

Wow, great attitude.... sure will get you far.

People are trying to help a bit and get that in return.

Seriously, do as you wish, which you probably will anyway, but keep the attitude to yourself.

If you don't want any info or feedback... then seriously, don't post a question here

[Avery Cates 1,141]

You guy should just get married, have her stay here and adjust her status. Why have her go back to the Philippines? She would have to go through CFO and all that ####### again.

She came her on a K-1. Her options are to either marry the original petitioner, or leave the country. There are no other options. There is no marrying anyone other than the original petitioner and adjusting status.

[ShirahBet 42]

I don't believe a beneficiary dying would meet the threshold for extreme hardship required for the I601, precisely because the extreme hardship must be on the USC petitioner and not the beneficiary. Now, if the USC petitioner had a medical reason which prohibited travel to be with the terminally ill beneficiary, then perhaps.

Extreme hardship is not only about life and death situations. Cases I have seen approved would include USC petitioner being unable to work due to a disability yet the beneficiary spouse is able to work and take care of the USC petitioner in terms of providing home health care and/or hospice care. Cooking, cleaning and laundry are not grounds for extreme hardship. Familial separation is not, in and of itself, going to meet the threshold either … but I've seen petitions approved where it was one of a few other less significant points which in total were determined by USCIS to be extreme hardship.

Lots of variability … need to study as many success / failure stories as you can and see how they fit with your particulars.

Slightly incorrect. There is no petitioner and beneficiary in an I-601 case. You call USCIS and they will tell you... there is an applicant only. The applicant needs to have a qualifying relative and the extreme hardship is to the qualifying relative, NOT the applicant. Aside from that, deciding that this guy would even need a waiver is pointless and premature. I think there are bigger issues for him to worry about.

[AleGwi 11]

Probably not a popular response, but reading everything and taking it all into account, probably a valid one... And you've heard where you stand from a legal/immigration point of view.

But isn't this just situation perhaps just one for the "plenty more fish in the sea" argument? I know love is love. But there will be others...

I love my wife more than life itself, and if heaven forbid anything happened then I'd be heartbroken. Life DOES go on though!

Too many red flags! Read and take heed of this VALUABLE advice below, and move on. People on here really DO know what they are talking about. We've all been through the process in our own way.

You only get one life, why risk getting duped and ultimately heartbroken for someone you have known 5 minutes.

Scsummers, Aaron wrote: The only risk is not getting the visa and be married living in two countries.

Ill accept that you and your lady are truly in love, and have developed a legitimate relationship that will endure. So please put what I say into that context.

Aaron is incorrect. The real risk, which is evidenced by the flack that youre tending to get here, is that, frankly, this has red flags written all over it. Now I realize that red flags, even an abundance of them never, ever proves anything. Red flags are a call to pay attention. From my point of view, even if you and she are 101% legit, those red flags are real, and from my few years here, though the stinkeye protocol doesnt formally exist anyplacein reality, at Consulates it indeed does.

You say: Please keep personal observations and advice to the lovesick to yourself. I am only interested in what the law says about my situation. ANYTHING I learn here I will use to ask questions when I consult an attorney.

Well, again, not being in the least cynical, Ill say: You had best find a really knowledgeable lawyer who deals exclusively with immigration law and whose entire practice is solely American/Philippine immigration. The reason is simplemost lawyers dont know a lot about specific Consulatesyet they need to. You can hardly find a one who will say: good questionI really dont know.

As far as law goes, keep in mind that the law, is not always your concept of law. For instance routinely State Supreme Courts will get many hundreds of appeals and yet will only accept a few. The rest are relegated to Limboforever, never to be answered. And btwthis is all legal.

Well, like it or not, Embassy law is very, very much in the same area. Consulates are free to essentially do as they wish. Case in point: Thailands Consulate will never, ever allow a child out of Thailand without the express permission of both parentseven if, for instance the father of a child never married the mother, never supported her, and never had contact with the child. This flies in the face of pretty much any State law of America. The point iswith Consulates, attempts to force the letter of the law, will usually get you no place. Sad, but trueIve been there, done that. If you can spend a few hundred thousand, wellyou might get someplace, if not, my suggestion is give it up, regardless of how unfair it seems to beor is, Constitutional Law is not as it once was--you know that already.

Consider that Philippine Consulates rules are entirely different. An unwed child, under the age of 7 is almost always passed through a K-1 or a marriage Visa without a glance. Different Consulatedifferent law. Reality, like it or not.

Is the stinkeye a reality? In my humble opinionyou betcha. Do you have to listen, noof course not. Do as you wish.

But back to The only risk is not getting the visa and be married living in two countries.

No the risk is far, far greater. The risk is that like my spouse who came here in November on a K-1, who married me and then dumped me for no reason, apparently not realizing that I could withdraw my Affidavit of Supportyou too may be being set-up for something similar. Im not saying it is so, just that its something to consider because in my opinionthe Consulate will consider it.

Hear me out pleasein some cases everything will be legit, perhaps like yoursin others, like my case, not soonly to seen in hindsight. For instance I should have seen the light. In her family already, two older sisters had married elderly men with significant medical issues, read, not too many years to live. Hey, I wont even fault thata lovely Filipina who spends ten or 15 years making a mans last years glorious, well it might make for a fair trade. Maybe my fault was that my spouse decided that I'd just live too long--who knows? I no longer think about it.

Just please realizethat even if in your case you and your lady appear and are in fact, from your point of view to be truly legitthat many here, including me, that see huge red flags. And as we do, so too will most Consulate officials. So you are warnedif you believe 100% that you are not being played, and I will assume that is the case, at least realize that your lady (perhaps for very good reasons) have already set off alarms. So like it or not, you will get the stinkeye (oopsscrutinized closely).

Id suggest that you just think about how it appears from a distant perspective. And I sure hope that she is, as you undoubtedly are100% legit. A few days ago I wrote out a $1000 check to a lawyer, bringing the total expended for divorce to $3700, and this is just for the divorce I'm forced into, I'm ignoring the K-1 cost including the $1070 fee that cleared on the same exact day she disappeared. And to thinkI was so sure that my fiancée/wife was legityes, it blows my mind. But the reality is that especially in the Phils, now that H1-Bs are becoming more and more difficult to acquire (either legitimately or illegitimately) there will be, and in fact, is, at least that is what I expect, an increase in coached Visa shopping. Coaching is where someone usually in the US coaches a relative in how to get here.

A few red flags that you might want to watch for: Relatives/friends who are in the US, especially if they are illegal, or hold H1-B Visas without sufficient credentials, such as a healthcare worker who is not a specialized, experienced RN. And especially watch for relatives that are hidden, now that is a deadly flag not to be ignoredwhen you know many in the family, but there is one or two that you heard aboutbut for some reasonnever get much concrete data about, as was in my case. Also look for relatives/friends who have married men not particularly desirable in America's female materialistic world. Remember red flags never condemn anyone but they are an indication to pay very close attention.

Im a smart guyI was duped. Looking back, I will not fault myself, it was that well done. Remember that here in America a Filipina working as a simple LNA (Licensed Nurses Assistant) will earn $41,600 gross. ($20x40x52) Without the LNA, she might earn $41,600 (without overtime) under-the-table--more than if she works legitately. Tell me, which is the best option?

I have a friend who works at a huge nickel mind in Mindanao, her title is Administrator in Charge of Documentationshe has a college degree. She grosses about $250/month. Yes in one year a Filipina who gets to America by any means will earn, at a minimum, if she is smart in one year what my friend earns in almost 14 years. In a mere two years here she can earn what a Filipina in Mindanau with a college degree can earn in a lifetime. And in the eyes of her family, she may be a herono thought will ever occur about what happened to that nice guy?

Im not here to insinuatebut if you cannot see the possibility of fraud well Ill let you think about that. And if you believe that there is no possibility, as I didgo for it, but listenthe people here know more than most immigrant lawyers do. Look at it from a Consulate official who knows that this year xx thousand Visas will be issued and within so many years the American sponsor will find himself (or herself in the case of some African/Middle East cases) divorced, and the possibly taken to the laundry.

If nothing else, I hope this gives you some insight into how others see your case, even if that irks you.

I wish you the best of luck, especially as you have given up so much for your country already. You deserve both a wonderful relationship and one here in the States.

[yailukmuu 26]

You only get one life, why risk getting duped and ultimately heartbroken for someone you have known 5 minutes.

Seems a bit harsh AleGwi. After all I knew my fiance for almost two years and she scammed me spot on. Further we don't know if OP knew her for two months or two days. Humans always do exactly what they believe is the best course of action--that's axiomatic. OP hopefully will, with an open mind, review and act according to what he believes best. We can't blame a guy for wanting to be with his love now, can we? And in time, she might turn out to be totally loyal and faithful.

[AleGwi 11]

Seems a bit harsh AleGwi. After all I knew my fiance for almost two years and she scammed me spot on. Further we don't know if OP knew her for two months or two days. Humans always do exactly what they believe is the best course of action--that's axiomatic. OP hopefully will, with an open mind, review and act according to what he believes best. We can't blame a guy for wanting to be with his love now, can we? And in time, she might turn out to be totally loyal and faithful.

This is all true. I just get the impression from the OP's responses and posts that there is a whiff of naivety and to a certain extent, potential denial. After all, I'm sure he wouldn't be the first man to fall for a pretty face and empty promises "we can be together, if only we marry soon or you petition for me. Otherwise, I will have to return to my own country forever"

Yes, I realise these are a lot of assumptions. But a lot of people here have expressed how it looks and how it might be perceived moving forward. And yes, none of us know the situation. But you are unfortunately proof that the OP simply MUST NOT rule out out any foul play.

It is with a heavy heart that I hear you fell victim to this also. However, I'm sure you learned a great deal from it and have moved on or will eventually move on. I merely wished to add my two cents in hopes that it might offer a different dimension to the warnings posted before me. It's really none of my business but I'd hate it if this guy who seems alright was getting taken for a ride, and no one could convince him to even just consider the possibility of something sinister going on.

It would be an extremely difficult dilemma to be in if there were any doubts. However, not a life ending one. Life would go on if the OP suddenly thought "hmm I love her, but come to think of it, it does sound fishy!" If only enough for him to actually communicate that thought to his 'fiancée' that could ultimately be a sign of whether it is a legitimate relationship or not. Being able to communicate any concerns or fears openly with each other. That is something only the two of them, well he, can discover. Simply by trying it...

We are just here to offer experiences and yeah, offer a certain degree of advice and different opinions so that the OP can collate all of that and make an informed decision.

[AleGwi 11]

Humans always do exactly what they believe is the best course of action--that's axiomatic.

And this is sort of true and also not... Humans will you are right, why would they do something that "believe" is NOT the best course, or not in their best interests?

But people do this for different reasons. And some follow what they believe is best through calculated and well thought out decisions and others through impulse or, influence from others/something. Both can have very different consequences if one is not careful.

[jyaku 138]

The USCIS looks at 4 things before deciding a 129-f and that's why they sometimes take years in advanced processing before approval:

1. Visa Fraud for just coming and wanting to stay in the United States (non genuine relationship)

2. Liability of becoming a public charge (the petitioner has to show income that he can support their family + 1 without any government handout i.e. social security/ food stams/ medicare/ medicaid)

3. A history of her work history for moral turpitude. She must not have been a hooker and a lot of applicants are former bar girls or freelancers who just thought their boat came in when an American said they'd sponsor her for a visa.

4. A history of her past relationships. Did she have a 129-f filed for her before? What was the reason it didn't work out?

If you objectively think you can overcome the scrutiny of these things the consular services present, file away and best of luck.

But I have a feeling your girlfriend will prefer to just stay in the US illegally as she's here already vs go through the process all over again with a bigger chance of denial than the first time around.

[mike56427 6]

Dude ... think, think and think ... tell her that there is no need to get a new K1 and that you want to go live with her in the PI instead ... and you will find out very quickly whter you or the greencard is her priority.

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.

[Udella&Wiz 325]

Am missing something here? I see some posts which say the woman has 180 days - if she came on a K1 she had 90 days and she is past that as noted by the OP.

#1 issue is that she has already overstayed the terms of her K1 visa, she didn't enter on a visitor's Visa so there's no 180 days - correct me if I'm wrong.

[ShirahBet 42]

An overstay is for any visa type - at least that's my understanding. So, on day 91, time starts accumulating for her if she remains unlawfully in the country. It seems like people like to flirt with the rule that if you overstay 180 days to 1 year, you get a 3 year bar, but if it's over a year, there's a 10 year bar. Therefore, I think some people make the super-unwise conclusion that if you overstay 179 days you have done nothing wrong.

[jyaku 138]

Dude ... think, think and think ... tell her that there is no need to get a new K1 and that you want to go live with her in the PI instead ... and you will find out very quickly whter you or the greencard is her priority.

Yep that will help a lot.

[belinda63 3,055]

I am very curious what her response will be when she finds out she will have to return to the Philippines for the process and it might mean staying there for 8 or so months prior to the interview. It seems the OPs main concern is having her gone as short a time as possible (which I can understand from a love standpoint) but I wonder if she is the one expressing this. If she is presented with the fact that there is a good chance her visa will be denied what will her response be then, will she wish to remain in the US illegally or will she go home and take the time to establish proof of a real relationship? Perhaps the OP should present the intending immigrant with the facts...length of time to obtain the visa and good chance of it being denied....and see what her reaction is.

[Hank_ 9,174]

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 expired the second she cleared immigration at POE. After that she was here on a I-94

The K-1 visa she entered with was to marry the person listed on that visa... no one else. She needs to leave as she did not marry that person within the 90 day requirement. She can not stay legally at this point.