K-1 person doesn’t work out

[Clemfish 0]

My question is what if a person came here (USA) on K-1 and the American and the person (K-1) don’t “match” but the K-1and I do. I am a American citizen can she marry me instead? We had been communicating for awhile (1 year) but because of CoVID we dropped out of communication and now the K-1 is here (USA) . But has found she is not in a good situation. 
I would be willing to pay the K-1 fees , if needed. 

[Unlockable 7,306]

Nope.

 

The K1 is one of the most strictest visas with immigration. The only person she can obtain legal status from now is the person who applied for her K1. After 90 days, she will be out of status and deportable, yes, even if she marries you instead.

 

The proper course of action is for her to return home. Then you can petition for her. But be warned, she will get heavily scrutinized the next time because it look like she is using Americans to obtain a visa. But for now, there is nothing you can do to help her. 

[Crazy Cat 39,363]

33 minutes ago, Clemfish said:

But has found she is not in a good situation. 

From which country did she come?

[Boiler 43,576]

Best would be to marry and her go home meanwhile you can file a CR1

 

I quite like the idea of a transferable petition but sadly not within current regulations.

[Clemfish 0]

Wish she could but Russia Is not that friendly for her now. Her daughter lives in Malta and is married to an Italian national. Could she and I reapply from Malta? Would be it expedited because she has already passed one K-1 application? 

[powerpuff 5,918]

3 minutes ago, Clemfish said:

Could she and I reapply from Malta?

If she receives legal residency then she can.

 

3 minutes ago, Clemfish said:

Would be it expedited because she has already passed one K-1 application? 

No. 

[Clemfish 0]

She is Russian and is not a supporter of the current government. So going back could be a problem. 
So, if we get married first then if she goes to a third country I could apply for CR1. Would that be the best route?

[Boiler 43,576]

K1 is not a good option

 

Have you physically met?

[Clemfish 0]

Picking her up Saturday in New Jersey. And bringing her home to Maine. Then figure out what happens from here.

We have video called often. I have some Russian language skills and her English is Ok so we do Ok. We are both in our 50’s so it is not a May-November romance. 

[Family 3,522]

3 hours ago, Clemfish said:

Picking her up Saturday in New Jersey. And bringing her home to Maine. Then figure out what happens from here.

Her “ not working/ good enough “ US fiancé,  spent a YEAR or more , following through on good faith to bring her here.  That is how long the K-1 took her fellow to gather papers/ pay the fees / more papers, send her money to travel for the interview, then airplane ticket to the US…all the while on vide chat. 
If you were in that fellows shoes, would you not expect your Beloved to stay off the video chat with others ( for at least 90 days ?) 
 

She has been in the US LESS than 90 days and already landed a new love ( no brownie points from immigration,) …so perhaps you slow down , enjoy your new adventure AND take your time to see if YOU will pass the mustard and still be “ working out/ good enough “ after 1 year ( as your predecessor did ). …

 

1. She should write to USCIS and Withdraw from the Freshly Ex-Ed Fiancés case. Leave BEFORE the 90 days, to a destination of her choice ( other countries immigration laws considered) .she says what u did:  did not work out we ended our relationship.
“ SHE CANNOT get her green through anyone / anything other than the “ Name of Man I Love and Intend to Marry Within 90 Days Once I Get To The US , I swear Officer “

2. You can then do as your heart desires…( I-129F or I-130) but focus on the Romance not the Immigration , and make your own Declaration To Woman ..

 

 

 

[Crazy Cat 39,363]

15 hours ago, Clemfish said:

We had been communicating for awhile (1 year) but because of CoVID we dropped out of communication and now the K-1 is here (USA) . But has found she is not in a good situation. 

Hmmmmm.  This could easily raise suspicion in her next attempt to remain in the US.  

[JeanneAdil 6,220]

OP

Can't u see the red flags?

she was visa shopping by looking for a husband 

Talking to u during the 90 days here is cheating on a guy who invested heavily in a relationship (time,  work and money)

she doesn't have to return to Russia but if u apply for her,  understand she needs to be a legal permanent resident no matter what country she  is in and she'll need a criminal report from Russia (not supporting the Russian government at this time looks good to us but may mean she is now on their "list" as protester or such for which they are arresting people)

[MarJhi 924]

17 hours ago, Clemfish said:

I would be willing to pay the K-1 fees , if needed.

I don't think USCIS has a "take over payments" option, and I certainly don't think her petitioner does either. 

 

Her coming here was based on all of the requirements (proof of relationship, meeting in person etc) she and her petitioner had in their journey. She got here based on THEIR relationship, not yours. It was his income threshold that had to be met. 

 

Start all over. And HOPEFULLY someone had/has the decency to tell her petitioner what's going on. 

 

By the way, if she did it to him, why wouldn't she do it to you also? 

Edited April 1, 2022 by MarJhi

[powerpuff 5,918]

13 hours ago, Clemfish said:

She is Russian and is not a supporter of the current government. So going back could be a problem.

That’s not an excuse to bypass residency requirements for an interview. However, Russians are now interviewed in Poland since the consular services in Russia virtually came to a halt 

[MarJhi 924]

16 hours ago, Clemfish said:

Wish she could but Russia Is not that friendly for her now. Her daughter lives in Malta and is married to an Italian national. Could she and I reapply from Malta? Would be it expedited because she has already passed one K-1 application? 

The previous K1 application is meaningless because it involved someone else. Actually, it will be a detriment because the brief nature of that relationship will raise eyebrows because it was so brief. 

 

Also you said "We had been communicating for awhile (1 year) but because of CoVID we dropped out of communication". If you apply with her and tell USCIS your proof of relationship timeline coincides with/overlaps her relationship with her current petitioner, how do you think they will view that?

 

When is her 90 days up? Are you planning on having her overstay her K1?