Met a Filipina here in US who was here on K-1 visa

[Rob Corvette 13]

Hello again to all of the wonderful people who gave me such great advice on a problem I posted before.

I met a Filipina a few weeks ago who had arrived in the US back in the end of November 2014 on a K-1 Fiance Visa, but things didn't work out with them, and she did not marry him. Her K-1 Visa expired a few days ago, and she and I want to have some time to get to know each other better to see if we want to make a life together. We are close to the same age, and are getting along just great, and I sure hope there is a process or a proper form to fill out that would allow her to extend her K-1 so that we might have a chance to see if we can make each other happy.

Can anyone tell me if this is possible, or are they just going to come along and scoop her up and send her home? For the record, she wants nothing to do with her original fiance, he turned out to be a violent jerk, and in my opinion mean and bitter enough to call immigration to have her picked up. I sure would like to have the time for a chance at happiness...

I appreciate any help you can give me.

Rob

[Pinkrlion 2,607]

She needs to go back home. She is currently illegal, and if you married her, she could not adjust.

[Operator 1,925]

A K-1 expires upon entry. The holder then has 90 days to marry the Petitioner and then subsequently can adjust their status. Her visa expired when she entered the US, she should most certainly return home. They won't come along and scoop her up but she will be in the country out of status with no way to adjust.

Edited February 27, 2015 by Operator

[j&ana 363]

She will have to go back to the Philippines . you will have to petition for her to come here on A k-1 fiancé visa or you can go there and marry her and do a IR-1/CR-1 visa. She can not extend the 90 days if she did not marry the person that petition her , then she has to go back .Also she can not marry any one else on that K-1 visa here

Sorry but that is the only way

[mymarley 14]

Let her go back now asap so u wont have any problem in petitioning her in the future..

Edited February 27, 2015 by mymarley

[Rob Corvette 13]

That is what I was afraid of, that she would have to go back home, and that figures, just when I meet someone that I really hit it off with, and who is already here, I lose her...

OK, so if she has to go back, and then I have to petition her to come back, will the time we spent together here, along with the pictures we took, count for the having met within the last 2 years requirement, so that I would not have to fly to the Philippines again like last time?

Is there any kind of rule about her having to wait some length of time before she could be allowed for me to petition her on a new K-1?

Thanks again,

Rob

[TBoneTX 43,045]

She need not go all the way back to the Philippines; she simply has to leave the U.S.

If she could find a way to relocate to Canada or Mexico, for example, it would be more convenient for you.

[Pitaya 2,576]

Prior to her leaving the US, she might also want to send a letter, with the appropriate reference numbers, to the respective USCIS service center, detailing the circumstances of her initial fiancee visa process termination outcome. Realize that she may likely be the focus of increased USCIS scrutiny the second time around.

Good luck on your immigration journey.

[Penguin_ie 5,984]

Yes you being together here counts for the "meeting in 2 years": requirement. However, she has a couple of red flags here- recent K with another man, not married, overstayed (at least a few days, even if she goes home today), and the another K1 very soon after. So I would highly, highly recommend you have a couple of visits- either in her country or another- to help lessen the impact of some of those red flags.

[VOL 425]

For the record, she wants nothing to do with her original fiance, he turned out to be a violent jerk, and in my opinion mean and bitter enough to call immigration to have her picked up. I sure would like to have the time for a chance at happiness...

Now remember that is her side of the story.

She needs to leave USA asap, Once she is here 180 days, I think that is that magical day when she starts getting 1 year ban.

Brazil would be the closest country for her to get entry on her Philippines Passport, It would be close to travel for you.

If was me I would just go visit her in PHilippines and spend some time with her and see how you get along, Time is the great equalizer in most relationships..

[baron555 934]

Her K-1 Visa expired a few days ago,

If she didn't marry then she is here illegally and the more days she accumulates she might get hit with a ban of a year to life from any future immigration to the US. She must go home today.

and she and I want to have some time to get to know each other better to see if we want to make a life together. We are close to the same age, and are getting along just great, and I sure hope there is a process or a proper form to fill out that would allow her to extend her K-1

Nope, impossible.

so that we might have a chance to see if we can make each other happy.

Go back with her or do it online like many do.

Can anyone tell me if this is possible, or are they just going to come along and scoop her up and send her home?

Not necessarily scoop her up but her overstay is in their computers and any attempt by you two to marry and then adjust her status will be revealed...that's when they would scoop her up.

For the record, she wants nothing to do with her original fiance, he turned out to be a violent jerk, and in my opinion mean and bitter enough to call immigration to have her picked up. I sure would like to have the time for a chance at happiness...

Buy both of you a computer and have a nice online relationship while you file a k-1 or CR-1 visa petition for her. Plan for about 10 months total.

[Elleanor 10]

If her visa expired a few days ago adg she didn't get married that means she's not legal anymore.

You have to send her back home immediately because the longer she stays here in the united states the longer her banned from U.S would be...

=there's no rule that you should know each other for 2 years .. the only requirements in applying a fiancee visa is that you've seen her/visited her in the past 2 years.

-send her home as soon as possible..

(for now immigration is already counting the days she would be banned from the U.S.)

[charlieprince 24]

she needs to go back home and you need to start the process over again

be very careful as she is already here on a K-1 that you said expired? or will expire soon..

you're on risky ground headed to visa fraud

and pray the other guy isn't vindictive and says it's fraud of her and files as such or she's facing a lifetime ban

saw a similar situation and even though the girl married a citizen/etc etc.. she has a lifetime ban on her file because previous guy said she's basically fraudulent with their failed K-1

[verysadguy 170]

She should have married the first guy and whalloped him with VAWA.

[VOL 425]

She should have married the first guy and whalloped him with VAWA.

The CO tell the spouse/fiancé at the interview in Manila they can get a greencard if they experience violence and ask/tell them they can call 911.