ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE



The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 2 12 LastLast
Results 1 to 10 of 14

Thread: K-1 Visa Fiancee (Cuban) Misrepresentation ...remedy?

  1. #1
    I spent a year getting a Cuban woman here on a K-1. As soon as she arrived she left me. Not even time to have problems. She just left. I feel this was a misrepresentation and fraud to obtain a Visa. What are my options if any? I signed an affidavit of support. This is troubling. Can she be deported for this blatant deception.
    Frank

  2. #2
    I spent a year getting a Cuban woman here on a K-1. As soon as she arrived she left me. Not even time to have problems. She just left. I feel this was a misrepresentation and fraud to obtain a Visa. What are my options if any? I signed an affidavit of support. This is troubling. Can she be deported for this blatant deception.
    Frank

  3. #3
    Did you even have a chance to get married?
    Sweet Madame Belu

  4. #4
    cubans can't be deported. They enjoy royal treatment from the INS and are untouchable.

    -= nav =-

  5. #5
    No, we did not have an opportunity to get married. We were to have a 'period of adjustment' before we got hitched. She did not wait even a 'decent interval' before she departed. Obviously, marrying me was not on her agenda. I say this is fraud and constitutes a misrepresentation of fact in order to gain entrance on fraudulent grounds. Even Cubans can't do that. No way should she be allowed to normalize her status. Is there a lawyer in the house? Who do I write?

  6. #6
    Consider yourself lucky! you did not get married and if she comes crawling back dont be foolded. The only thing you need do now is notify INS that a marriage did not take place and will not be taking place because she took off. Withdraw sponsership etc and paperwork. After that its not your concern whether she adjusts status or does not. move on with your life and be more careful next time with "green diggers".

  7. #7
    >Even Cubans can't do that

    What part of "they can't be deported" you're having problems understanding?

    Which means they can't do anything to her. Even if they went to all the trouble of finding her guilty, and removable -- they CAN'T remove her. So she's free. Hence a waste of tax dollars.

    Cubans are handed green cards as soon as they touch us soil. I think Haitians are the same way.

    -= nav =-

  8. #8
    Ineligibility for Adjustment of Status
    You may be ineligible for adjustment to permanent resident status if:

    You entered the U.S. while you were in transit to another country without obtaining a visa;
    You entered the U.S. while you were a nonimmigrant crewman with a D visa;
    You are employed in the United States without USCIS authorization, unless you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old) or you are an employee of an international organization meeting certain criteria;
    You are a J-1 or J-2 exchange visitor subject to the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement;
    You have an A (diplomatic status), E (treaty trader or investor), or G (representative to international organization) nonimmigrant status, unless you waive diplomatic rights, privileges and immunities are submit USCIS Form I-566 (for those in A or G nonimmigrant status);
    You were admitted into the United States as a visitor under the Visa Waiver Program, unless you are an immediate relative of a U.S. citizen;
    You are already a conditional permanent resident.
    You were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for you. Or, you were admitted as the K-2 child of a fiancé and your parent did not marry the U.S. citizen who filed the petition for you.

    NOTE THE ABOVE. CAN I WRITE THE INS (USCIS) TO LET THEM KNOW SHE HAS FLOWN TO I KNOW NOT WHERE?
    WILL THIS RELIEVE ME OF ANY OF THE RESPONSIBILITY OF THE I-134 AFFIDAVIT? WILL THEY REFUSE HER "AOS' BECAUSE OF THE FRAUD? I AM HOPEFUL THAT THEY CAN SEND HER BACK.

  9. #9
    Send a letter via certified mail to the Department of State, the Service Center that processed your petition, and to the Consulate that you are withdrawing your support of the visa and will not marry this individual. That way, you have notified them of the situation, and if she intends to stay here illegally, then it is on her head.

  10. #10
    She didn't marry the petitioner of the K-1 visa.....case closed she CANNOT get a green card in the U.S. I don't think there is an exception for this in the Cuban Adjustment Act but I can't say for sure.

Similar Threads

  1. I-130 Spouse Visa or I-129F Fiancee Visa
    By GUIGUY in forum Immigration Discussion
    Replies: 3
    Last Post: 12-28-2009, 07:38 PM
  2. K-1 Fiancee Visa
    By R@y in forum Immigration Discussion
    Replies: 4
    Last Post: 10-23-2007, 12:35 AM
  3. advantages and disadvantages of k-3 spouse visa over fiancee visa
    By Joeycg in forum Immigration Discussion
    Replies: 7
    Last Post: 04-02-2006, 04:39 PM
  4. Replies: 1
    Last Post: 07-24-2005, 06:01 AM
  5. Cuban fiancee fraud/scam. Will she be able to get a green card?
    By Frankly My Dear in forum Immigration Discussion
    Replies: 7
    Last Post: 06-22-2004, 07:07 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: