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FIANCEE ACTING-UP AFTER K1 VISA WAS GRANTED

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Hi Everyone,

 

My Fiancee started acting up and bring up issues after my interview at the US Embassy was successful and they granted us K1 Fiance Visa. She insisted I should not come. I love her so much and I never cheated on her neither did I disrespected her in any way. All efforts to makeup and settle issues with her has not been positive. A lot of financial and physical efforts have been committed on this immigration project to a great extent. However, I am currently in my home still waiting for her instruction despite the fact that my expiry date is fast approaching.

  

Please advice:

1) Should I travel to USA and see if she will resolve matter with me by the time she see my physical presence?

2) Should I travel to USA and hire an immigrant lawyer to advise on other options

3) Please what exactly should I do???

Please your advice will be well appreciated.

 

Thank you

 

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You have no other immigration options through the K1 visa besides marrying your fiance who petitioned you, so forget about coming and consulting a lawyer.

 

I would also say, forget about coming and reconciling with your fiancee too.  If your expiration date is fast approaching that means it's probably been a few months already, she's not likely to change her mind by seeing you in the U.S. Sounds like she's done with you, whatever her reasons are.


2018 K1 Filing to Approval: 322 days (RFE 29 Days)

Spoiler

I-129F mailed: Jan 26 2018

NOA1: Jan 29 2018 (old site), Feb 2 2018 (new site)

RFE: Aug 30 2018 (old site updated 8/30; new site 8/31 w/email and text)

RFE hard copy: rec'd 9/4; ret'd 9/6 (old site updated 9/7; new site 9/10, no text/email)

NOA2: Oct 5 2018 [249 days]  (old site updated 10/5; new site 10/7, no text/email)

Case #: Oct 31 2018 [27 days] (called to get number, no email from NVC)

Left NVC: Nov 13 2018 

Consulate Rec'd (DHL): Nov 19 2018

CEAC 'Ready' status: Nov 29 2018

Interview: Dec 17 2018 [Approved!]

POE: Jan 10 2019 [Los Angeles]

Marriage: Jan 12 2019 :wub::dance:

 

2019 AOS Filing to Approval: 81 Days (No RFE, No Expedite)

Spoiler

AOS Mailed: Feb 19 2019

NOA1: Feb 25 2019 (I-485, I-765, I-131)

Biometrics Appt. Letter Rcv'd: Mar 8 2019

Biometrics Appointment: Mar 20 2019

Recv'd Interview Appt. Notice: Apr 15 2019 [I-485] (ready to schedule 4/10, scheduled 4/11; old site)

Interview: May 17 2019 [Cleveland, OH]

Approved: May 17 2019  :dance:

Green Card Received: May 24 2019

 

 


event.png



 

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Posted (edited)

This is a tough situation, and only the two of you can decide what to do. So understand your options.

 

You have a legally acquired visa to enter the US. You can use it. You do have 90 days after entry to get married and apply for adjustment of status, or leave the US. You can try to patch things up in person in those 90 days, then leave if unsuccessful. Of course you have to make arrangements for where to stay, and how to sustain yourself during those 90 days in case things don't work out. You should be prepared to answer questions about your marriage plans at your port of entry. If you stay beyond the 90 days, you'll be out of status and subject to deportation. Based on your situation, there is nothing an immigration lawyer can do for you.

Edited by afrocraft

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1.  You need to decide if that is the best course of action for you.

2.  There are no other options.  A K-1 can only adjust status by marrying the K-1 petitioner.  You would never ever be able to get a green card even if you marry another US citizen.  

3.  Work things out with your fiancee.  She is your only path to a green card.  

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Don't bother consulting with a lawyer. It will be a waste of time and money. Your case is simple, either you repair your relationship with your fiance allowing you to marry and immigrate to the US, or you don't and you proceed on with your life in your home country. Good luck.


Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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As others noted, there's no reason to contact a lawyer because there's nothing they can do for you. You're free to contact one (no need to be in the US to do so), but it's a waste of time and effort.

 

I would not suggest trying to come to the US to work it out. What would you tell CBP when they ask if/when you plan to marry?

Work it out the same way you've been working out any other issues you've had. Maybe its nerves. Maybe its something else.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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we all say "don't even try unless she changes her mind"

after all who would pick you up at the airport?

where would you go to live?   can't go to her house

did you ever considered she may be the cheater and there would be a new bf there? 

as said above "chances are just showing up at her home won't yield the results you're looking for..and could potentially get you into even more hot water if she calls the police on you for trespassing"  

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1 hour ago, JeanneAdil said:

 

did you ever considered she may be the cheater and there would be a new bf there? 

 

 

WHOA!  You don't know what's going on.  Let's not make snap judgements. 

 

 


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Time to move on.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I guess you (and her) are the only two people knowing what exactly is going on between the two of you. So I would say, if you love her and you want to save the relationship, going to the USA is the only and last option you have. Maybe it will not save your relationship, but it might, you won't know if you won't try. 

Of course, no point in hiring lawyers - you cannot force her to marry you.

 

Good luck!


"Life is a journey." At this moment, it's taking me to the USA to the woman I love.

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Posted (edited)

I feel sorry for you but from every indication, the tides have turned.

You have to start thinking about the option of building a life without her sadly.

It hurts when the people who give us the best memories also become a memory.

Courage!

Edited by Andy & Val

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this is a tough one.  If you don't go USA, you have a chance to keep your immigration record clean and you can still later get other opportunity come enter USA.  But if you go ahead and show up at her house without settling all the issue, you put yourself in a lot of risk of ending up in a country in the hand of someone that don't want you. Coming to American and changing your whole life is a huge risk, but now coming in without anyone on your side can be dangerous.  When you come in on K1 visa, you depend solely on your partner for months and years, if that fail then the stress is unbelievable.  If you come in and everything went down south then you put yourself at risk of damaging your immigration record.  My brother, i have hear stories, don't come into America in the hand of a woman that don't love or want you. Its very dangerous.   Maybe this is the way of God telling you this is not the right person for you, you should be glad you seeing all this before leaving your comfort zone. 

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4 hours ago, Favour08 said:

Please advice:

1) Should I travel to USA and see if she will resolve matter with me by the time she see my physical presence?

2) Should I travel to USA and hire an immigrant lawyer to advise on other options

3) Please what exactly should I do???

Please your advice will be well appreciated.

1. I would be very wary about this. I know it seems like the noble thing to do to fight for the person you love. But this isn't going to be a trip to the next neighborhood as you stop by the flower store on the way to her front door. You are talking about international immigration. You will be interviewed by a border agent who WILL ask you if you are planning to marry with the 90 days of your K1 visa. What are you going to say??? "I am working on it officer." That will get you a ticket back to your home country in no time.

 

Also, do you even have the resources for the trip AND accommodations. There is no guarantee she will allow you near her much less stay at her place. You may not even get to use the K1 as she could very well notify immigration that you two are no longer a couple and have your K1 visa revoked.

 

Lastly and more importantly, I don't know how it is in your country, but the US has very strict domestic laws. From what you described about how your visa is close to expiring there have been a significant amount of time that has passed (~6 months). If she has not changed her mind about you coming then the chances of it being change with you popping up at her front door unexpected are almost nonexistent. Not only that, if she is extremely adamant about not wanting to see you... all it takes is one call or trip to the police and you could have a no contact/ restraining order on you. And that, my friend, is a whole new can of worms you do NOT want to deal with.

 

2. No. It is not possible. Like others have said the K1 is very strict. A lawyer can't bypass it. If it is not with her then it can't be used to change your status. Furthermore, if you come to the US and attempt to gain status, then the fact that you and her were no longer in the relationship when you used the K1 can be used against you to either remove whatever status you have or deport you. This is because, again, the K1 is based on an ongoing relationship where the two parties agree to marry each other.

 

3. You may need to come to terms that your relationship may be over. Your K1 may already be flagged because she may have notified immigration. Point being is that you have limited options and you have to start looking out for yourself.

 

1 hour ago, jeaniecz said:

I guess you (and her) are the only two people knowing what exactly is going on between the two of you. So I would say, if you love her and you want to save the relationship, going to the USA is the only and last option you have. Maybe it will not save your relationship, but it might, you won't know if you won't try. 

Of course, no point in hiring lawyers - you cannot force her to marry you.

 

Good luck!

See my reply above. Although fighting to save a relationship may sound like the right thing to do. It is not as easy as you think when in the situation of the poster.


“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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