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PirateLiker

Residency without signing I864

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My K1 fiance has been in the US for about 2 months. I was very concerned about the open ended/blank check aspect of signing I864 before she arrived, and my misgivings about this haven't changed. I am considering a couple of options.

 

A. Allow her to stay with me without marriage. I realize that in doing so she would become an undocumented resident.

 

B. Marry her but not sign I864. In so doing I realize she would not be able to adjust status, but I believe she would be a documented resident.

 

Am I more or less correct in my understanding of these two paths?

 

I live in an area of the country that is very friendly to undocumented residents. In fact,  a former GF was an undocumented immigrant. She has a job (albeit low wage), driver's license, access to health care etc. Under either scenario, A or B, I am quite certain she would be able to work and have a driver's license.   

 

I am completely aware that she is a person with the ability to make her own choices. If I tell her what I am willing to do, she can choose what is best for her. 

 

Considering reactions to a related post a couple months ago, I am not necessarily expecting very civil comments in this thread. 

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9 minutes ago, PirateLiker said:

My K1 fiance has been in the US for about 2 months. I was very concerned about the open ended/blank check aspect of signing I864 before she arrived, and my misgivings about this haven't changed. I am considering a couple of options.

 

A. Allow her to stay with me without marriage. I realize that in doing so she would become an undocumented resident.

 

B. Marry her but not sign I864. In so doing I realize she would not be able to adjust status, but I believe she would be a documented resident.

 

Am I more or less correct in my understanding of these two paths?

 

I live in an area of the country that is very friendly to undocumented residents. In fact,  a former GF was an undocumented immigrant. She has a job (albeit low wage), driver's license, access to health care etc. Under either scenario, A or B, I am quite certain she would be able to work and have a driver's license.   

 

I am completely aware that she is a person with the ability to make her own choices. If I tell her what I am willing to do, she can choose what is best for her. 

 

Considering reactions to a related post a couple months ago, I am not necessarily expecting very civil comments in this thread. 

Your options are wrong. She will not be a legal resident in either option until you adjust her status, which require you to sign the affidavit.

 

You have to look at it through the eyes of the government. YOU are the one that wants here her. The gov just doesn't want to be on the hook to take care of her if things don't work out. The K1 is not a try and see visa. People who do the K1 already know they want to do what it takes to make that person a part of this country.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Your option B stated in your original post of this thread is predicated on a misunderstanding - both options you have posited result in her living here without status. 


K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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1 minute ago, K1visaHopeful said:

he is abusing her

Refusing to file is not in itself abuse, using it as a threat against her to keep her in line yes that is abuse but simply telling her he has decided not to file or that he has decided not to marry is not abuse. 


K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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PirateLiker - your posts are all heading into the same direction. You are struggling with making a commitment.

 

Both options are making her an illegal immigrant.

 

What you are considering is unethical und simply beyond fair to her. You would make her totally dependent on you in financial terms and in every other way as well. Consider this: She had a job in the Ukraine and a place she called home. You both went through the K1 process and she made all the structural concessions needed to make this relationship work or at least give it a chance. She came over. She is trying to adjust to your way of handling the relationship.

 

Divorce can happen. But a happy marriage could happen as well.

 

Let me tell you this: I am a German citizen and married a USC in California. If things should ever go wrong, I screwed myself as I am earning just as much as he does but have no financial obligations such as child support or alimony to an ex-spouse. I used to be a single mom and any potential alimony could financially "destroy" me and my kids or seriously impact any financial freedom we have. However, I love him. He loves me. We are both committed to make this relationship work. If I would continue to think about everything that could or could not go wrong, where would we end up? And as I had mentioned before, even him and I struggled early on in our marriage. Despite multiple years in the US before, I struggled initially to adjust but thankfully, I have a husband who is very understanding and had my back. In my case, and because of my husbands support in every way, a divorce would mean that I would support him financially through alimony in a worst case scenario. And guess what, that is okay for me.

 

Your fiancee sounds like she has her stuff together. See it from a different perspective perhaps: if you support her, and she can kickstart a professional future in the US - you both win. She may be your best "investment" you ever had. One of my friends had such a hard working and financially sound wife that upon their divorce, she paid out so much of their mutual savings that he had a nice cushion to fall back on. And yes, both of them are still friends and on talking term. You can't control every outcome of a relationship but at some point just be willing to make that commitment to each other and simply have trust. If you can't, then let her go back home and be fair to her. Pay for her expenses she had to upfront. Give her enough to restart her life back home. But please don't let her hang dry. 

 

Edited by R&OC

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