K1 visa...can you just marry anyone?

[niceguy 0]

*oh boy*

Ok I knew I was opening a can or worms here....let me explain a little....first off im married already and getting ready to petition but my friend has met someone who had a fiancée but he left her...she has his the visa from the previous fiancée though...its good for a couple more weeks. They were thinking they could use it but I keep telling them I don’t think you can...so that is why im here...were do I find something official that says you have to marry the petitioner. When I read the rules it just says fiancée...that is pretty general but I know its not...so could someone post a link here to the info im looking for?

[brnidokiegurl 0]

the person they marry has to be the person that filed for them

[GabachaYucateca 0]

We're all going through this process for our partners...trust us on this one when we say it's the petitioner. Look at the forms you have to file, with the specific data for the non citizen loved one.

[featherB 1]

*oh boy*

Ok I knew I was opening a can or worms here....let me explain a little....first off im married already and getting ready to petition but my friend has met someone who had a fiancée but he left her...she has his the visa from the previous fiancée though...its good for a couple more weeks. They were thinking they could use it but I keep telling them I don't think you can...so that is why im here...were do I find something official that says you have to marry the petitioner. When I read the rules it just says fiancée...that is pretty general but I know its not...so could someone post a link here to the info im looking for?

I would think it's so obvious that you wouldn't need something 'official'...! I mean, why would they go to all the trouble of vetting both the petitioner and the beneficiary so carefully, if they didn't care who the beneficiary married?! Hey, let's go one step further - once the beneficiary has the visa, maybe they should just be able to pass it onto a friend, who can use it to enter the US and just marry any random person of their choice... great idea!

[DA BOMB 1]

*oh boy*

Ok I knew I was opening a can or worms here....let me explain a little....first off im married already and getting ready to petition but my friend has met someone who had a fiancée but he left her...she has his the visa from the previous fiancée though...its good for a couple more weeks. They were thinking they could use it but I keep telling them I don’t think you can...so that is why im here...were do I find something official that says you have to marry the petitioner. When I read the rules it just says fiancée...that is pretty general but I know its not...so could someone post a link here to the info im looking for?

The whole petition is information about the first fiance...not your friend. This is why she cant use the information from the former. I wonder if she can marry him ad then file a K3? Or even an AOS? Have you looked into that? I dont know if thats illegal being that she came over on a visa for a different petitioner. She doesnt waste time by the way! The time limit is only 90 days once she's in the country!

[Aymerlu 3]

If you have a K1 visa...can you marry anyone or does it have to be the petitioner?

I'm sorry. Who else do you think you have to marry?

[Otto 83]

Der..we dont know nutten..cause we ait 'fficial enuff..

[Yodrak 7]

niceguy,

You are not reading the rules, you're reading a simplified synopsis of the rules.

The rules are the INA. INA 101 (A) (15) (k), I believe. Or see the Foreign Affairs Manual, the Department of State's guidelines for implementation of the rules. 9 FAM 41.81 Notes.

Yodrak

..... When I read the rules it just says fiancée...that is pretty general but I know its not...so could someone post a link here to the info im looking for?

Edited March 9, 2007 by Yodrak

[Heracles 417]

*oh boy*

Ok I knew I was opening a can or worms here....let me explain a little....first off im married already and getting ready to petition but my friend has met someone who had a fiancée but he left her...she has his the visa from the previous fiancée though...its good for a couple more weeks. They were thinking they could use it but I keep telling them I don’t think you can...so that is why im here...were do I find something official that says you have to marry the petitioner. When I read the rules it just says fiancée...that is pretty general but I know its not...so could someone post a link here to the info im looking for?

Is this a joke or what. Clearly that girl is abusing the marriage visa process. The visa is intended for genuine applicants. How would she explain this at the AOS interview?? This is actually a good reason why this visa has to be tightened..

Who is the US applicant, your friend or this girl?

Edited March 9, 2007 by Infidel

[Dan J 277]

Marry the beneficiary. No marry someone else.

[payxibka 10,044]

You may apply for adjustment of status to permanent residence if you were a fiancee who was admitted to the U.S. on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you.

Note: If you did not marry the U.S. citizen who filed the K-1 fiancee petition on your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the U.S.

[Mononoke28 134]

[Robee 0]

Your friend can marry her but... She must leave the USA ASAP and new papers ned to be filed.

[Jasman0717 8]

[john_and_marlene 162]

Noone should be expected to take anyones word for gospel on here. Misinformation is given on these forums daily. Sometimes they are repeated so often that they become "visa legend" (kind of like urban legend).

I think it's wrong to belittle someone who asks for an official reference.

In this case, the holder of a K1 visa can only adjust status through marriage to the petitioner. Here's the reference:

http://www.uscis.gov/propub/ProPubVAP.jsp?...52bd97b8937ce80

8 CFR Part 245 ( c )(6)(i)

( c )Ineligible aliens . The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act: (Added 10/1/94; 59 FR 51091 )

(6)Any alien admitted to the United States as a nonimmigrant defined in section 101(a)(15)(K) of the Act, unless: (Revised 8/14/01; 66 FR 42587 ) (Amended effective 4/1/97; 62 FR 10312 )

(i) In the case of a K-1 fiance(e) under section 101(a)(15)(K)(i) of the Act or the K-2 child of a fiance(e) under section 101(a)(15)(K)(iii) of the Act, the alien is applying for adjustment of status based upon the marriage of the K-1 fiance(e) which was contracted within 90 days of entry with the United States citizen who filed a petition on behalf of the K-1 fiance(e) pursuant to § 214.2(k) of this chapter;

Edited March 9, 2007 by john_and_marlene