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calvindog

40 day till K-1 Visa expires; Fiancee doesn't want to marry. Options?

By calvindog in Effects of Major Family Changes on Immigration Benefits

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calvindog Newbie

calvindog   0

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Filed: AOS (apr) Country: Philippines
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My wife is from the Philippines. We married under the Fiancee visa 4 years ago. Our marriage is so good that my wife's aunt started dating an American. They got engaged, got a visa and she has been here for about 50 days. Now he has decided he doesn't want to get married after all. What do we do now? My wife and I would gladly let her live with us and even employ her at our business. Heck, she is such a sweet woman, I'm sure we could find a better man for her in the time available if that was an option. We would love to hear from anyone who knows legal ways for her to stay in the US. She left her life in the Philippines to come here and has no where to return to if deported.

Calvin

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Harpa Timsah
Harpa Timsah

If it was me I would go home. She has been here a few months, it's more like a long vacation. There is no solution. The K-1 is designed specifically to prevent someone who doesn't marry to not be a

baron555
baron555

What's not fair. The exact terms of the K-1 are well stated. The K-1 is NOT a get to know you visa. These two should have had a strong relationship BEFORE deciding to file the petition.....and it i

rlogan
rlogan

Guilt-tripping and shaming are not immigration concepts. They're nasty manipulative tactics. Since you have extended the effort to put others down in this manner, perhaps we should point out that

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apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
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Sorry but your aunt can't stay. No marriage, no adjustment of status, no GC. Those are the terms of her K1 visa.

After the 90-day mark she will start incurring illegal presence.

Edited by apple21

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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VJnew Collaborator

VJnew   8

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Filed: AOS (pnd) Timeline
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Tell aunt to find a new man asap

05/19/14 Medical exam

05/24/14 Sent AOS package

05/26/14 Package delivered to Chicago Lockbox

06/04/14 Txt msg & Email received

06/09/14 Received NOA1

06/26/14 Biometrics Done

07/07/14 Case moved to Testing&Interview

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HK12 Proficient

HK12   273

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Filed: Citizen (apr) Country: Germany
 Timeline
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As a K1, she can only adjust her status if she got married to the person who petitioned her. I fear that if he does not want to get married to her, there is no way for her to stay here legally.

K1 Visa
Feb. 29, 2012: I-129F sent
March 8, 2012: NOA1 (VSC)
August 30, 2012: NOA2
Oct. 1, 2012: Packet 3 received
Nov. 3, 2012: Packet 4 received
Nov. 15, 2012: Interview - approved!
Jan. 18, 2013: POE New York Seaport
Feb. 2, 2013: Wedding

AOS
March 6, 2013: AOS Package sent
March 12, 2013: I-485, I-765, I-131 NOA's
March 29, 2013: Biometrics Appointment
May 10, 2013: EAD/AP approved
Sept. 5, 2013: "Potential Interview Waiver Case" letter received
Nov. 2, 2013: AOS approved (no interview)

ROC
Aug. 4, 2015: I-751 sent
Aug. 6, 2015: NOA1 (CSC)
Sept. 4, 2015: Biometrics Appointment
Feb. 10, 2016: ROC approved

 

Dual Citizenship
Aug. 26, 2016: BBG application sent (permit to retain German citizenship)
Nov. 21, 2016: BBG approval notice received (p/u at German Honorary Consulate, OKC: Feb. 6, 2017)
Dec. 8, 2016: N-400 sent
Dec. 12, 2016: Priority Date (NBC)

Jan. 9, 2017: Biometrics Appointment

Aug. 31, 2017: In-Line for Interview

Sept. 6, 2017: Interview Scheduled

Oct. 16, 2017: Interview

Oct. 25, 2017: Oath Appointment Letter received

Nov. 1, 2017: Oath Ceremony

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sweet cakes Proficient

sweet cakes   326

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Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted (edited)

My wife is from the Philippines. We married under the Fiancee visa 4 years ago. Our marriage is so good that my wife's aunt started dating an American. They got engaged, got a visa and she has been here for about 50 days. Now he has decided he doesn't want to get married after all. What do we do now? My wife and I would gladly let her live with us and even employ her at our business. Heck, she is such a sweet woman, I'm sure we could find a better man for her in the time available if that was an option. We would love to hear from anyone who knows legal ways for her to stay in the US. She left her life in the Philippines to come here and has no where to return to if deported.

Calvin

The only way that the aunt can stay and have a legal status in US is if she marries her petitioner. She CAN'T just marry anybody else.

Sorry to hear that this happened to her. It is heartbreaking, but that's how K-1 visa works.

Also, her K-1 visa expired at her POE. The I-94 is what defines her 90-day legal stay in US.

Edited by sweet cakes

heart.gif After all, we're all just walking home ...heart.gif

:energy: N-400 in progess ...

 

 

01/14/2013 Filed I-129f

07/31/2013 I-129f NOA2

11/04/2013 Visa Received

11/21/2013 POE: Honolulu .. Aloha!

01/27/2014 Wedding day! (L)

03/11/2014 Filed I-485, I-131 and I-765

05/31/2014 EAD/AP card received

06/27/2014 Green card received

05/12/2016 Filed I-751

05/25/2016 Check cashed

05/26/2016 NOA (Dated 05/16) Received

06/20/2016 Biometric Appointment

05/07/2017 10-year Green card received

N-400

07/02/2018 Filed N-400 online

07/24/2018 Biometric Appointment

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belinda63 Experienced

belinda63   2,981

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Filed: Citizen (apr) Country: Iran
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AOS must be based upon her marriage to the petitioner. This is to prevent fraud from obtaining a fiancé visa, coming to the US, running off, and finding another man. If she finds another man she will have to return home and a new petition started for her. If she overstays that means a waiver also

She can marry the petitioner and adjust status that way, stay here illegally, or leave the US. Those are the only three choices. If you hire her to work for you without her having work authorization you could get in big trouble.

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Al422 Experienced

Al422   221

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Filed: AOS (pnd) Country: Philippines
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I see no way out of this either, but before you throw in the towel, go see an immigration lawyer just in case there is any way we all missed.

I don't think so, but it is worth a consultation.

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Avery Cates Proficient

Avery Cates   1,141

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted (edited)

My wife is from the Philippines. We married under the Fiancee visa 4 years ago. Our marriage is so good that my wife's aunt started dating an American. They got engaged, got a visa and she has been here for about 50 days. Now he has decided he doesn't want to get married after all. What do we do now? My wife and I would gladly let her live with us and even employ her at our business. Heck, she is such a sweet woman, I'm sure we could find a better man for her in the time available if that was an option. We would love to hear from anyone who knows legal ways for her to stay in the US. She left her life in the Philippines to come here and has no where to return to if deported.

Calvin

Option Number One: She returns to the Philippines.

Option Number Not-the-One: She returns to the Pihlippines.

Those are her two options in this scenario.

If she does not marry the original petitioner, she has no grounds to adjust to any legal status. Marrying anyone else other than the original petitioner has no bearing.

Edited by Avery Cates

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
 Timeline
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Tell aunt to find a new man asap

but she'd still have to go home prior to the expiration date on the I-94,

and the new man would have to file new paperwork.

She cannot stay here and adjust without marrying the petitioner that filed the original I-129F.

There are other paths, all require a pond jump back to the PI first.

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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Hotter Otter Proficient

Hotter Otter   1,211

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Filed: IR-1/CR-1 Visa Country: England
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Tell aunt to find a new man asap

That's not going to work unless she flies back to the Philippines and her new man petitions her from there.

I do feel sorry for her as she's left her home country and now her fiancé has cold feet but she can't just use the visa to stay with a new man, imagine how much extra fraud there would be if you could!

My blog about my visa journey and adjusting to my new life in the US http://albiontoamerica.wordpress.com/

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christeen Experienced

christeen   966

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Filed: Citizen (apr) Country: Italy
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That's a bad situation... But there is nothing you or your wife can do... No marriage to petitioner, no GC... Sorry...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

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JohnR! Grand Master

JohnR!   5,495

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Filed: Country: Monaco
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My wife is from the Philippines. We married under the Fiancee visa 4 years ago. Our marriage is so good that my wife's aunt started dating an American. They got engaged, got a visa and she has been here for about 50 days. Now he has decided he doesn't want to get married after all. What do we do now? My wife and I would gladly let her live with us and even employ her at our business. Heck, she is such a sweet woman, I'm sure we could find a better man for her in the time available if that was an option. We would love to hear from anyone who knows legal ways for her to stay in the US. She left her life in the Philippines to come here and has no where to return to if deported.

Calvin

There is nothing you can do. It is between her and the petitioner. The conditions of her visa were clear. Get in and marry the petitioner within 90 days or leave the country. If she does not want to get married she can always go back home.

200px-FSM_Logo.svg.png


www.ffrf.org




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Leatherneck Grand Master

Leatherneck   693

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Filed: Country: Philippines
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Oh man, what an unfortunate situation the wife's aunt is facing.

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

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calvindog Newbie

calvindog   0

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Filed: AOS (apr) Country: Philippines
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Just for the record in reply to Gegel, it is the male petitioner who has decided not to marry, not my wife's aunt.... He gets cold feet and SHE gets deported... not quite fair in my mind.

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baron555 Veteran

baron555   934

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Filed: AOS (apr) Country: Kenya
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My wife is from the Philippines. We married under the Fiancee visa 4 years ago. Our marriage is so good that my wife's aunt started dating an American. They got engaged, got a visa and she has been here for about 50 days. Now he has decided he doesn't want to get married after all. What do we do now? My wife and I would gladly let her live with us and even employ her at our business. Heck, she is such a sweet woman, I'm sure we could find a better man for her in the time available if that was an option. We would love to hear from anyone who knows legal ways for her to stay in the US. She left her life in the Philippines to come here and has no where to return to if deported.

Calvin

Without an EAD or GC, she can not legally work. After the 90 days after her POE, if she isn't married, she is here illegally.

She MUST go back.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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