She came K1 with another man...but it wasn't happily ever after....until ME!

[4bd 7]

Well I met a girl. And I fell in love. And I want to marry her.

But she told me her story and now I'm not sure if we can make this happen.

She came here approximately 3 years ago, originally on a K1 visa planning to marry "Bob." Bob became abusive and police were called to the house on 2 different occasions. Long story short, she left him and moved to the other side of the country.

Fast forward 2 years, I met her and we began a wonderful and loving relationship. 1 year and many Kleenex's later, we are planning on getting married but because she didn't marry Bob within 90 days of her K1 (and her overstaying her visa for over 3 years) is it possible to marry her?

I guess my question is, if I marry her (I am a natural born US citizen), what ramifications will it have for her and for me? Will she be able to begin her process for becoming a US citizen (naturalized) after we are married?

My greatest fears are 1) our marriage will not be legal/valid in court and 2) she will be deported back to her country (China). My understanding is that once a Chinese citizen is deported back for illegal status in another country (i.e., USA), she will never be granted a Visa from China again (or from the USA for that matter).

I did a number of forum searches regarding this but couldn't find anything specific, hence the new topic.

a thousand blessings....

Edited November 19, 2009 by 4bd

[payxibka 10,044]

no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process

potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process.

Edited November 19, 2009 by payxibka

[pushbrk 12,115]

Well I met a girl. And I fell in love. And I want to marry her.

But she told me her story and now I'm not sure if we can make this happen.

She came here approximately 3 years ago, originally on a K1 visa planning to marry "Bob." Bob became abusive and police were called to the house on 2 different occasions. Long story short, she left him and moved to the other side of the country.

Fast forward 2 years, I met her and we began a wonderful and loving relationship. 1 year and many Kleenex's later, we are planning on getting married but because she didn't marry Bob within 90 days of her K1 (and her overstaying her visa for over 3 years) is it possible to marry her?

I guess my question is, if I marry her (I am a natural born US citizen), what ramifications will it have for her and for me? Will she be able to begin her process for becoming a US citizen (naturalized) after we are married?

My greatest fears are 1) our marriage will not be legal/valid in court and 2) she will be deported back to her country (China). My understanding is that once a Chinese citizen is deported back for illegal status in another country (i.e., USA), she will never be granted a Visa from China again (or from the USA for that matter).

I did a number of forum searches regarding this but couldn't find anything specific, hence the new topic.

a thousand blessings....

You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years.

[4bd 7]

no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process

potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process.

payxibka, are you familiar with the waiver process to overcome the 10 yr re-entry ban? Do you know of anyone who was successfully able to do this waiver?

You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years.

pushbrk, I have no problem moving to another country to be with her while we wait for the 10 year ban. I've thought about living either in Canada or in Europe...what do you think her chances are of her country (China) issuing her a visa for another country in light of her K1 overstay?

[payxibka 10,044]

no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process

potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process.

payxibka, are you familiar with the waiver process to overcome the 10 yr re-entry ban? Do you know of anyone who was successfully able to do this waiver?

there is a "waiver" forum here on VJ as well as a couple other websites that deal more with this issue.... many have succeeded, but some also have failed. It is not a cheap process and you would most likely want competant legal assistance.

Bottom line is there is no ability to repair her status from within the USA... by law a K-1 entrant is specifically excluded from adjusting status based on a marriage to anyone else other than the original petitioner.

Edited November 19, 2009 by payxibka

[LaL 418]

You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years.

You didn't mention the waiver option. why not?

[pushbrk 12,115]

You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years.

You didn't mention the waiver option. why not?

Because I don't consider it viable in this situation. I agree with Pay's earlier comment on the subject.

no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process

potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process.

payxibka, are you familiar with the waiver process to overcome the 10 yr re-entry ban? Do you know of anyone who was successfully able to do this waiver?

You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years.

pushbrk, I have no problem moving to another country to be with her while we wait for the 10 year ban. I've thought about living either in Canada or in Europe...what do you think her chances are of her country (China) issuing her a visa for another country in light of her K1 overstay?

China has no say in the matter. Visas are issued by Consular services of the country to be entered. For all intents and purposes, I would plan on waiting out any ban or most likely unsuccessful waiver process in China.

[Darnell 8,478]

I say the two of you immigrate to New Zealand, become EnnZed citizens. Check out their immigration portal, see if you qualify.

[thongd4me 69]

no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process

potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process.

Start learning Chinese.

I doubt if there is any lawyer who can help with this problem.

Political asylum is a no-go as well as medical emergency.

The only valid emergency in the eyes of the USCIS is one that

works to THEIR advantage, not yours.

I doubt if there is any way on earth to get around the 10-yr entry ban

but she could find a cure for cancer in the next few months...in which

case you can both live in Switzerland on the medical patent.

If I were under 30 yrs old and didn't have pressing family/work obligations,

I'd go to China in a heartbeat in your situation. Naturally salaries will be

lower, but you'll have a good family life, Chinese food like no tomorrow

and living in an expandingly rich economy instead of one on the downturn.

[4bd 7]

China has no say in the matter. Visas are issued by Consular services of the country to be entered. For all intents and purposes, I would plan on waiting out any ban or most likely unsuccessful waiver process in China.

If we were to just continue living here in the USA post-marriage, say about 15-20 years, would there be a way to begin a process for her legalization (assumption based on getting passed the 10 year ban)?

no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process

potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process.

Start learning Chinese.

I doubt if there is any lawyer who can help with this problem.

Political asylum is a no-go as well as medical emergency.

The only valid emergency in the eyes of the USCIS is one that

works to THEIR advantage, not yours.

I doubt if there is any way on earth to get around the 10-yr entry ban

but she could find a cure for cancer in the next few months...in which

case you can both live in Switzerland on the medical patent.

If I were under 30 yrs old and didn't have pressing family/work obligations,

I'd go to China in a heartbeat in your situation. Naturally salaries will be

lower, but you'll have a good family life, Chinese food like no tomorrow

and living in an expandingly rich economy instead of one on the downturn.

I've considered this as well. But I would want our children to be born here in the States first before making a move to China for 10+ years. After 10+ years in China, what do you think the chances are of getting her legalized here?

[rika60607 215]

If she waits out the 10 year ban with you two happily married by the end of it, she should be able to come back to the US.

Of course, other requirements have to be met as well - pass medical, have no criminal history... you having a domicile in the US and being able to sponsor her financially (or being able to find somebody who will)...

Go to Canada, or Europe, or Australia if you can. Other countries will not be concerned about her US overstay.

I've considered this as well. But I would want our children to be born here in the States first before making a move to China for 10+ years. After 10+ years in China, what do you think the chances are of getting her legalized here?

[JimVaPhuong 4,863]

China has no say in the matter. Visas are issued by Consular services of the country to be entered. For all intents and purposes, I would plan on waiting out any ban or most likely unsuccessful waiver process in China.

If we were to just continue living here in the USA post-marriage, say about 15-20 years, would there be a way to begin a process for her legalization (assumption based on getting passed the 10 year ban)?

No, and she would subject to deportation at any time. The 10 years begins when she LEAVES the US. Otherwise, she won't be able to travel, work legally, or even get a driver's license in most states. Is this really how you want to live your married life together?

no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process

potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process.

Start learning Chinese.

I doubt if there is any lawyer who can help with this problem.

Political asylum is a no-go as well as medical emergency.

The only valid emergency in the eyes of the USCIS is one that

works to THEIR advantage, not yours.

I doubt if there is any way on earth to get around the 10-yr entry ban

but she could find a cure for cancer in the next few months...in which

case you can both live in Switzerland on the medical patent.

If I were under 30 yrs old and didn't have pressing family/work obligations,

I'd go to China in a heartbeat in your situation. Naturally salaries will be

lower, but you'll have a good family life, Chinese food like no tomorrow

and living in an expandingly rich economy instead of one on the downturn.

I've considered this as well. But I would want our children to be born here in the States first before making a move to China for 10+ years. After 10+ years in China, what do you think the chances are of getting her legalized here?

If she waits out the ban in China, then you should have no problem petitioning for her to get an IR1 visa, presuming the immigration laws don't change between now and then.

[4bd 7]

Go to Canada, or Europe, or Australia if you can. Other countries will not be concerned about her US overstay.

I wouldn't mind living in Canada or Europe (Europe would be preferred) for 10+ years. How would this process work?

Would we first need to go back to China and then obtain another visa for her to travel to Europe? I wonder if there would be any complications with China issuing another visa for her to go to Europe given the 10 year ban from the US?

[JimVaPhuong 4,863]

Go to Canada, or Europe, or Australia if you can. Other countries will not be concerned about her US overstay.

I wouldn't mind living in Canada or Europe (Europe would be preferred) for 10+ years. How would this process work?

Would we first need to go back to China and then obtain another visa for her to travel to Europe? I wonder if there would be any complications with China issuing another visa for her to go to Europe given the 10 year ban from the US?

As has already been pointed out to you in this thread, China does not issue visas for Chinese citizens to go to other countries. China issues visas for non-Chinese people to come to China. Any visa would be issued by the embassy or consulate of the country she wants to go to. China did not issue her K1 visa - the United States embassy in Guangzhou issued it.

In other words, if you both decide to move to France, then she would apply for a visa at the French embassy in China. Her illegal stay in the US probably won't have any affect on her ability to get a visa to another country, unless she applies for that visa while she's still in the US. When somebody applies for a visa in a 3rd country, the embassy will often want to see evidence that the applicant is in the 3rd country legally.

[pushbrk 12,115]

Go to Canada, or Europe, or Australia if you can. Other countries will not be concerned about her US overstay.

I wouldn't mind living in Canada or Europe (Europe would be preferred) for 10+ years. How would this process work?

Would we first need to go back to China and then obtain another visa for her to travel to Europe? I wonder if there would be any complications with China issuing another visa for her to go to Europe given the 10 year ban from the US?

Again, China does not issue visas to Chinese citizens. The country to be entered, issues the visa to the person wishing to enter. How it works is that the Chinese citizen applies for a visa at a given country's Consulate in the country where they are currently present. There is no requirment for her to go back to China. The requirement is to leave the USA. However, the only country that will admit her without a visa would be China. For a Chinese citizen to obtain a visa to Canada or most Western countries is about as difficult as obtaining one to enter the USA, meaning extremely difficult unless they have a US green card.

I'm afraid your viable choices are probably illegally living in the USA or living together in China for ten years. As your wife, she may be able to live in another Southeast Asian Country. Singapore, the Philippines or Malaysia may be viable options.