K1 and immigration officers

[Sandra G. 5,022]

You have a bigger problem than a visa my friend, your gf "crazy story". K1 visa no problem, AOS? you will be ######.

[Alaska2012 462]

And for how long would this go on for? Maybe you answered that already and I missed it?

This sounds like a big clusterf! How about waiting until your gf sorts her issues out? Why move over and live hidden away in an apartment away from your wife?? Sounds pretty desperate...

[reazon 2]

Well hopefully we will figure it out by the time I get there but we are looking for options and asking questions, i will repeat once more,

Our current life circumstances don't allow as to live "full time" as the same place at this moment, we are looking for "what ifs" not judgement or you have a crazy gf.

What if we get everything fixed and I go back to my home country, for some time. Because of emergency.

I am free to enter the us and I don't break any immigration laws, right?

Thank you for your answers people!!!

[D.Ba 85]

You already know now that you will have an emergency in the future? That's not quite the definition of emergency ...

Don't plan to leave the country soon or for long; read up on AP and abandonment of AOS petition.

[reazon 2]

You really don't get it, doesn't matter thank for your answer ill look into abandonment of AOS petition.

Edited November 13, 2015 by Stjepan

[Mike-eeh and Odie 192]

I love my fiancé but the life circumstances what we have are what they are, we are looking for options

Let me explain, so the father is paying a lot of money for the child (more than he should) and if "some other guy" comes and marries his ex he would take the case to court, and take most of the more he is giving now, plus a child, might not happen but its a risk we are thinking about

We are not doing anything illegal and have 0 criminal background.

So about the question, is there anything we can do?

This is what would happen if he takes the case to court:

1. His ex wife would win custody of the child; because in America, 99.99% of the time, the mother always gets custody unless by some chance she is a meth-head or some kind of delinquent criminal.

2. If your fiance can prove the crazy ex was giving her X amount of money to support the child, she can argue that is what she need to support the child and the courts will award that amount accordingly.

3. The crazy ex could not evict her from the house now since there is a child involved.

My brother was in the same situation (as the crazy ex) and wound up losing his condo (for almost 2 years until she remarried and moved out) and paid full child support plus the extra money he was giving his ex fiance for his daughter.

[Simiyus 6]

It is hard to understand what the OP is asking.It looks like you are looking to do illegal stuff,and want assist.

Read and understand the process and decide the best way forward.Would be nice to ask questions here when you have started the process.

Good luck

[_Paul&Jesica_ 70]

I love my fiancé but the life circumstances what we have are what they are, we are looking for options

Let me explain, so the father is paying a lot of money for the child (more than he should) and if "some other guy" comes and marries his ex he would take the case to court, and take most of the more he is giving now, plus a child, might not happen but its a risk we are thinking about

We are not doing anything illegal and have 0 criminal background.

So about the question, is there anything we can do?

The source of your question is not an immigration issue, it is one of custody. You can't explain away your situation to Immigration officials, if you proceed with what you suggest, you put your Adjustment of Status, an ultimately citizenship, in jeopardy.

Custody, child support, and alimony are all determined by the court, unless a settlement is reached. Does your fianceé have a custody agreement that was approved by the court? If she does, then her ex-husband will have to demonstrate to the court how you marrying your wife has any impact. It typically only has minimal impact to any child support but it will put any alimony at risk.

[reazon 2]

Thank you for your answers, i will have to get back to you on that question.

[Arelys Weimer 6]

Well before you get into any legal matter the first thing I'd do is settle the situation with the ex.

I understand she doesn't live with him but you stated that was his apartment.

Once the AOS comes they will see this and either if you love her or not, wont matter.

At the moment for the all the questions youre asking on "how often will these visits be" and so on... It sounds like you want to commit fraud.

If theres a kid involved and you really love this woman, wouldn't you want the best for the baby too? Does this sound like a healthy start to you?

Cause it sounds sneaky and a bit desperate.

[reazon 2]

You have a good point.

[Unidentified 2,930]

You really don't get it, doesn't matter thank for your answer ill look into abandonment of AOS petition.

You have to have actual proof of an emergency. You can't just plan and make one up.

Get your relationship in order before you even file for K1. She needs to move out and get her own place. It really sounds like the two of you are planning marriage fraud.

Edited November 15, 2015 by Maria&Seve

[Anh map 2,098]

You are required to marry the petitioner within 90 days. So the "crazy ex" is really going to be really crazy when this happens.

The US citizen petitioner needs to address these issues long before you arrive on the scene. Livng apart is going to be a GIANT challenge for you obtaining the green card. So that means you travel to the US, marry, then cannot work, etc. because of the crazy ex? You and your fiancee need to rethink your lives and deal with the problems at hand.

Your story sounds like an ill conceived plan to get a green card. That may not be the reality, but to an immigration official it will certainly appear that way. And that is the opinion that will matter the most.

[reazon 2]

Thank you ppl for your answers, we we will deal with the situation, I'm happy that you pointed some problems.

[Villanelle 4,121]

Look I get what you are asking and why. (do they do home visits/what are the chances we will get one) But your question is not relevant when you look at the big picture.

So heres the big picture. They can and do "do" home visits. Your chances for one depend on the circumstances. However you are looking at it like- well if they do the home visits they will see the specifics of our situation. (something you dont want). The truth is they will know about your specifics because you have to disclose it to the when you apply for AOS. This makes your question irrelevant.

Have you looked into the AOS process yet? Have you seen the term bonafide marriage in the forums and the items needed as proof?

People here are telling you quite bluntly that you will not be approved under the circumstances you described- The Mrs and child living in one location (the home of the childs father) and you living in a nearby location. Sure there are people that need to live separate that are still approved- but the details matter. The reasons matter. Your reason of we dont want the kids father to know we are married/ have Mrs loose out on child support or have it lowered so we are planning on keeping the marriage a secret -- well thats not going to fly. Can you not see how that makes you a dishonest person? How that can be viewed as you "gaming the system"?

Life is tough. There are consequences to your decisions. In your case your girl will probably lose her place to live when the ex finds out shes going to be married. She may even have her child support lowered to the minimum amount required. But theres nothing you can do about that. You are trying to figure a way around it and you shouldnt be. You just need to accept it.

You talk about getting another lease for you to live in. So theres no reason why you all cant live there. Getting the child support cut can be a bit painful. But you would be a two income family so you should be fine. Plus getting it cut to the min amount isnt the end of the world. Countless people only get the minimum.