Residency without signing I864

[PirateLiker 11]

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. 

[milimelo 4,196]

And this is why k visa is a visa from hell. Beneficiary totally dependent on petitioner who may do exactly what you’re doing. 

 

If you won’t sign I-864 she won’t be a legal documented resident. Either let her know you’re destroying her future and pay for her ticket home or get married, file AOS and sign the damn I-864 form! 

[aaron2020 11,651]

A.  She would be an undocumented immigrant subject to arrest and deportation.

 

B.  She would be an undocumented immigrant subject to arrest and deportation.  Marriage to a USC does not make her a "documented resident."

 

Under A or B, she can not legally work.  She would be another undocumented immigrant living and working in the US illegally.

 

If you don't sign the I-864, then she will be living here illegally.

 

Buy her a ticket home if you aren't willing to do your part.  Stop holding her hostage.  

Edited January 22, 2019 by aaron2020

[Roel 7,191]

Are... you seriously wanting your wife to be on the US illegally? To never work? Never have driving license? Never go to school? Are you honestly serious? Because yeah she will probably bound to sit at home all the time so she doesnt get deported. She CANNOT work if you don't send out AOS. 

 

Even if you marry but dont do AOS she will still be there illegally and deportable at any moment.  Just marriage doesnt mean ####### in regards to immigrations. 

 

...I hope she sees this and run. If she can't be here legally then what's the point? You dont even seem to care if she's with you or not. Let that woman go. 

 

Honestly. Some people should be banned from bringing in foreign spouses. 

Edited January 22, 2019 by Roel

[Ben&Zian 4,397]

[Unlockable 7,306]

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 January 22, 2019 by NuestraUnion

[Ben&Zian 4,397]

Don't know why you have had these doubts, continued on with the process, and clearly still have doubts... don't marry, just be up front with her and let her go home. You knew the process and requirements, or should have, going into this whole thing from the start so, either finish it properly or don't, but don't hold her in limbo because of your own unease.

[NikLR 13,220]

8 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. 

a) she will be illegal

b) she will be illegal

 

Your GF who was undocumented was working illegally and subject to deportation, probably with a permanent bar.  She didn't have legal access to health care and may have been using a stolen SSN.

 

Please let your fiance know that you're too worried she may one day use public benefits while married to you and you may have to pay back the government so you don't want to sign the I-864.  I mean the fact is she could easily overcome the I-864 in about 4 years by becoming a citizen is apparently irrelevant to you?  

[EM_Vandaveer 2,369]

This is the reason I personally dislike the K1 visa. The intending immigrant is 100% at the mercy of the petitioner with no route to legal status without their co-operation. (Other than VAWA if they're battered but that only works if they at least got married to the petitioner.)

 

OP you knew filing for AOS was the next step after marriage. You declared your intent to marry her. 

Do the right thing. Either buy her a ticket home or marry her & file for AOS.

[Daniela M_______ 409]

I just hope she realizes of this situation soon enough to step back and run away from you. 

 

This is an awful thing to do to, is not that "she's a grown up and she can make her own decisions" is that you are ALSO a grown up that knew the implications of a fiance visa and decided to move forward even when you had doubts, you commited with more than a relationship, you commited to a future together and I bet she's counting on you for that.

 

I respect your right to change your mind and step away from a relationship, what I don't respect is your intention to break a commitment and pretend to keep her there with you even when knowing that will affect her legal status. 

 

But hey! At least you showed some consideration by asking what's the best way to make a mess of her life.

[K1visaHopeful 2,661]

13 minutes ago, Roel said:

 

 

...I hope she sees this and run. 

No I hope she sees this and records every instance of how he is abusing her as, even if it isnt physical, it is abuse. Then I hope they do get married, and she divorces him on grounds of abuse so that it will appear on their divorce decree as such so that if he ever tries to do this again to another victim they will see that on the divorce decree in the petition application. I hope she files for VAWA after marriage because she will be able to, as preventing her from obtaining her GC is financial abuse. And I hope she does have an amazing life in the US after outing him for the abusive monster he really is and that she finds an amazing Amercian man, unlike him.

[Illiria 980]

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. 

[Illiria 980]

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. 

[Boiler 43,433]

Sometime I have to sit down and shake my head in disbelief.

[R&OC 349]

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 January 22, 2019 by R&OC