jaycali

Are you saying it's a scam?
Or are you saying you're worried she could be scamming you?
If you know it's a scam, stop NOW. You'll most likely be caught, which will result in you getting a massive fine and likely jail time. She would be banned from ever entering the US.
If you're not sure, and you think she might be trying to scam you.. Get to know her better first. I know separation from someone you love is difficult. But this is something you need to be as sure of as you possibly can. If she were to leave you, whoever sponsors her may be financially responsible for her, even after she leaves you. If you're suspecting that she's trying to scam you, you'd be taking both an emotional gamble as well as a big financial gamble.

I realize this is an old thread, but for any future readers I've actually consulted with both an immigration attorney as well as the international student advisor at my old school. Both had the same answer:
If it's a foreign employer, you pay taxes to a foreign government, the payment is paid into a foreign account for work that does not require you to be present in the US, and for all intents and purpose, you are working in a foreign country, it is not considered working in the US, and you should be fine.
Put it this way, you are not stealing American jobs, and an American would not even be able to do the job unless he/she had a British work permit.
Be advised that journalism is not ok without the proper visa. Also be advised that the main purpose of your presence in the US must be the reason for your visa. In other words, if you're on a student visa, you're still required to be a full-time student. If you're on a tourist visa, the main purpose of your stay should be tourism etc. This based on consultation with an attorney and not USCIS or DOS.

Mark "yes." She knows it, and lying to an immigration officer will cause a whole lot more pain than herpes.

Mark "yes." She knows it, and lying to an immigration officer will cause a whole lot more pain than herpes.

A student attending college/university in the US can stay legally in the country for the entire duration of his studies. If his studies exceed 2 years, no problem as long as he attends classes and does not work unauthorized.As far as illegal presence, this gets tricky and technical. If he entered legally as a student, but stayed beyond his welcome, this is not a large obstacle if he ends up getting married to a USC.
Simply put, if he is currently in the US, and entered legally, and you end up getting married, you should not have any problems. He will not have to leave the US during the process of him getting permanent residency.

That was true before 1996. Now, any false claim to US citizenship, whether to a private party or a government agency is counted as a removable offense.
Btw, I hear plenty of people inadvertently register to vote while getting their license at the DMV. DHS needs to look into that....

Because the only legal option available to the OP is to leave the U.S. and he is fishing for ways to circumvent the situation, this thread is closed. Do not restart this thread in any forum.

You're getting two different situations mixed up here. Your marriage and your legal status. These are two different things and should be treated as such. If you're worried about your status, that's not going to get any better if you try to do what "looks better on paper."
You can file for removal of conditions jointy, if you plan to stay with her, or you can get a divorce and file for removal of conditions without her if you don't plan to stay with her. The sure way to get kicked out of the country is to stay with her for immigration purposes. Trust me, I know it's a tough battle, I'm there myself as my wife and I separated before the summer, and I'm still battling with myself. Ultimately, the only person who can make this decision is you. You guys' situation is different, your history is different, and I cannot make any decision as to what might be best for you, or if she has owned up and can be trusted again. These are decisions that you need to make, independently of immigration status. In the end, if you entered into the marriage in good faith, and you can show this, you will be able to stay in the country whether you're married still or divorced.
The USCIS knows that infidelity happens, and they're not going to punish you for leaving her, and they're not going to punish you for trying to stay. Their ultimate concern is whether the marriage was entered into in good faith.
On a personal note, since she had a baby, you not only have to figure out if you can forgive and forget - You have to have an honest conversation with yourself on whether or not you love this baby and if you're willing to raise this baby. This baby is an innocent part to all of this.

This depends entirely on whether you want to keep living in the US or not. If you want to keep living in the US, file for divorce ASAP. Once your divorce is final, filed for removal of conditions with a divorce waiver. As long as you have evidence that your marriage was entered into in good faith, your conditions will be lifted and you'll have the 10 year green card. Your green card is not pegged to your marriage, it's based on whether the marriage was in good faith when entered into.The key to filing ROC is that you file before the expiration date of your 2 year green card. If you're filing with a divorce waiver, you can file at any time before that date, as long as your divorce is final.
The bottom line is there are only two ways of filing to lift conditions, either jointly, or with a waiver. Unless your spouse is dead or abusive, the only waiver applicable is a divorce waiver, which requires you to be divorced.
If you want to abandon your green card, simply travel home. Abandon your green card at the nearest US embassy or consulate. This will have no effect on any future travel or visits to the US.
If you want to apply for a visa again in the future, here is what the CO will see: 1. Jeremy married an American and moved to the US to be with her. 2. Jeremy and American's marriage did not work out. 3. Jeremy voluntarily moved back home..... Nothing illegal, nothing suspicious, no problem.

Just keep in mind, a rejection for "immigrant intent" has absolutely no bearing on an immigrant visa application. As long as she is honest in all her answers, the worst case scenario is a "no." Well worth a try!

This is a Sub-Sahara forum.. A very large portion of Sub-Saharan Africa is French speaking..

We don't know the exact circumstances here. He will have an uphill battle, but legally, he can stay if the marriage was entered into in good faith, and if he has enough evidence to back it up.
Fraud is illegal, being an indecisive a$$hole is not.

1. He can get a divorce.2. He cannot adjust status based on a new marriage, because he is already a permanent resident - there is no new status to adjust to. He's a permanent resident already.
3. Once his divorce is final, he can file to remove conditions on his green card. If he has a final divorce decree, the joint filing requirement can be waived. He will have to show that the marriage was entered into in good faith, and not solely for immigration purposes.
Those are the legal aspects. On a side not, it does look suspicious to the USCIS that he came to the US, and right after getting his green card fell in love with and "ran off" with a new girl. It does not automatically mean fraud, but it does mean that he should be prepared to show very strong evidence of a bona fide marriage when lifting conditions.

We don't know the exact circumstances here. He will have an uphill battle, but legally, he can stay if the marriage was entered into in good faith, and if he has enough evidence to back it up.
Fraud is illegal, being an indecisive a$$hole is not.

1. He can get a divorce.2. He cannot adjust status based on a new marriage, because he is already a permanent resident - there is no new status to adjust to. He's a permanent resident already.
3. Once his divorce is final, he can file to remove conditions on his green card. If he has a final divorce decree, the joint filing requirement can be waived. He will have to show that the marriage was entered into in good faith, and not solely for immigration purposes.
Those are the legal aspects. On a side not, it does look suspicious to the USCIS that he came to the US, and right after getting his green card fell in love with and "ran off" with a new girl. It does not automatically mean fraud, but it does mean that he should be prepared to show very strong evidence of a bona fide marriage when lifting conditions.

We don't know the exact circumstances here. He will have an uphill battle, but legally, he can stay if the marriage was entered into in good faith, and if he has enough evidence to back it up.
Fraud is illegal, being an indecisive a$$hole is not.

We don't know the exact circumstances here. He will have an uphill battle, but legally, he can stay if the marriage was entered into in good faith, and if he has enough evidence to back it up.
Fraud is illegal, being an indecisive a$$hole is not.

1. He can get a divorce.2. He cannot adjust status based on a new marriage, because he is already a permanent resident - there is no new status to adjust to. He's a permanent resident already.
3. Once his divorce is final, he can file to remove conditions on his green card. If he has a final divorce decree, the joint filing requirement can be waived. He will have to show that the marriage was entered into in good faith, and not solely for immigration purposes.
Those are the legal aspects. On a side not, it does look suspicious to the USCIS that he came to the US, and right after getting his green card fell in love with and "ran off" with a new girl. It does not automatically mean fraud, but it does mean that he should be prepared to show very strong evidence of a bona fide marriage when lifting conditions.

Let me get this straight..
1. You came here on a K-1.
2. You never got married.
3. You are no longer with your petitioner.
4. You have now married a new woman.
Right?
You basically screwed yourself over when you called off the wedding and didn't go back home. If you enter on a K-1, you can only adjust status based on marriage to the person who petitioned your K-1. If you don't get married and adjust status within 90 days, you are unlawfully present on day 91. Chances are by now you have either a 3 year bar, or a 10 year bar if you've been here more than a year past your 90 day period.
You do not have a green card. A K-1 does not give you a green card as soon as you're in the US! You receive a green card once you get married to the petitioner, and then file for adjustment of status. The entire point of a K-1 is for you to come to the US, get married to your fiance(e) within 90 days, or leave.
Your new wife cannot petition anything for you while you're still in the US. Your only option now is to leave the US and hope you got a 3 year bar and not a 10 year bar.

Let me get this straight..
1. You came here on a K-1.
2. You never got married.
3. You are no longer with your petitioner.
4. You have now married a new woman.
Right?
You basically screwed yourself over when you called off the wedding and didn't go back home. If you enter on a K-1, you can only adjust status based on marriage to the person who petitioned your K-1. If you don't get married and adjust status within 90 days, you are unlawfully present on day 91. Chances are by now you have either a 3 year bar, or a 10 year bar if you've been here more than a year past your 90 day period.
You do not have a green card. A K-1 does not give you a green card as soon as you're in the US! You receive a green card once you get married to the petitioner, and then file for adjustment of status. The entire point of a K-1 is for you to come to the US, get married to your fiance(e) within 90 days, or leave.
Your new wife cannot petition anything for you while you're still in the US. Your only option now is to leave the US and hope you got a 3 year bar and not a 10 year bar.

hi
how can you have a GC if you didn't get married? you never adjusted status
you had to return to your country, so now you are here illegally and you cannot adjust status here.

You would have to return to your country and re-apply for entry under a different visa. The K-1 that you entered on is only valid for marriage to the the person who petitioned you. Also as aleful mentioned above. If you did not get married to the petitioner, on the 91st day that you entered the United States you became a an undocumented alien that is subject to removal/deportation

We don't know the exact circumstances here. He will have an uphill battle, but legally, he can stay if the marriage was entered into in good faith, and if he has enough evidence to back it up.
Fraud is illegal, being an indecisive a$$hole is not.

We don't know the exact circumstances here. He will have an uphill battle, but legally, he can stay if the marriage was entered into in good faith, and if he has enough evidence to back it up.
Fraud is illegal, being an indecisive a$$hole is not.

To be able to hold a USC accountable for a tourist becoming a public charge, there would have to be a petition-based family visit visa system in place. Not a bad idea really.Non-immigrant visas work much like a credit history/score. For people with no credit, or low credit, a co-signer is usually used.