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Help K1 issue He won't marry her but I want to

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  • Help K1 issue He won't marry her but I want to

    Is it possible to marry someone who was filed for by another person on K1 and the person is still in status, <3 months because their original petitioner is no longer interested? She's already here in the states.

  • #2
    Is it possible to marry someone who was filed for by another person on K1 and the person is still in status, <3 months because their original petitioner is no longer interested? She's already here in the states.


    • #3
      doesn't matter if she's out/in of status. You sure can marry her and aos like everyone else.

      -= nav =-


      • #4
        Some people that I have talked to told me she has to go back to her country before anything could be done. I am worried about that. If I have a chance at AOS, I don't mind hiring a lawyer to pursue this.


        • #5

          There is no prohibition against marrying anyone in the USC as long as they are legally available for marriage, but the K1 visa that the girlfriend received is only issued for her marriage to the original fiance.


          • #6

            She can marry to anyone whom she likes to marry, but she CANNOT adjust her status in the United states, plain and simple. She must has to leave the United States if she really wants to get any kind of legal status in U.S., because being coming here on K-1 visa, she can only marry with the same person, who initially applied K-1 visa for her. Even though she has some kind of abuse-situation, or maybe she is eligible for immigration benefit thru some other ways, still she is not allowed to adjust her status here, because she entered on K-1. There is no Ifs, buts, Ors, Ands, Should, Could, Would. It is plain as this, sorry.


            • #7
              that's incorrect. marraige to a usc forgives *everything*. And if she can prove that she entered legally and with good faith on marrying someone and it didn't work out. That is allowed. In fact that would make the k1 void.

              What the REAL problem would be -- is proving at the intenet that you had a valid "courtship" and hence the rason for marraige. Meeting someone in a bar 1 week after the initial fiance left you, and 3 weeks later getting married -- will make it realy seem like the marraige was for GC reasons.

              Will it involve more questioning yes. But is it impossible? course not with a godo lawyer.

              -= nav =-


              • #8
                I dont know why youre getting these wrong infomrations from moondin I mean its not really wrong but bad. marrying you now with the visa she have the k1 will only complicate things very much and give you plenty heartage!
                its better she leaves the country before her 90 days are up. another k1 application for her will raise flaggs of course, but you could go into her coutnry and marry her where then petition for her from here as spouse its k3 I think? one way or the other its going to be a long waitbefore she can adjust or work and live here legally but this is the best way to do it with not having lawyer or more money to put inthis. I dont know that would be my plane but how come the other fiance doesn't wnat to marry now anymore? was that the original plan for you and her to get sponsoered like that from a usc and then switch? whats your status? if you guys know eachother from way before and tyring to pull some tricks it will not work sooner or later it will catch up with you! imagine if people can guess or ssusupect things like that from a forum what ins officers will do with all their trianing and information about you ?


                • #9
                  Evidently this person is USC. There's a lawyer chat at 5:45pm EST, link is on the left. I have no doubt that what that attorney says will be exactly what Sammy says but I see where some people are "muddying" the situation for you.


                  • #10
                    it comes down to this:

                    1) the initial k1 wasn't fraudulent, and was legit.

                    2) The current marraige is bona-fide, based upon love and have a history of knowing each other (prove a "history" before marraige).

                    If you can do all that --- eventually you'll get the GC. Even though it'll probably be rejected first,a nd you'll have to go through the appeal process.

                    LIke i said -- i'd definately expect a good lawyer's help. The easier solution is to file from out of the country. Althrough the consulate is really going to get weird why this gal keeps going through this marraige phase every couple months.

                    -= nav =-


                    • #11

                      You are wrong when you said that marriage to USC will forgive "EVERYTHING". It is true that most of the violation of immigration laws would be forgiven automatically if someone will marry with USC, but the last time when I read and practiced U.S.Immigration Laws, the following two violations will not be forgiven even if someone gets married with USC:

                      [1] If someone enters the United States without inspection, then s/he can not adjust status here even if s/he marries with USC, unless sec.245[i] is extended first, or if alien leaves the United States first.

                      [2] If someone entered the United States on K-1 visa, then such person is not allowed to adjust status here in any other category if s/he won't get married to the person, who has sponsored for K-1 visa for this alien, unless alien leaves the United States first and then enteres under another visa.

                      As far my understanding of Immigration laws go, these laws are still entacted, and were not repealed or amended as of now, unless my comprehension of immigration laws is not that great as to your level of comprehension. But, if you still believe that I am wrong, then I am sorry, and I won't post anything on this thread then, because I'll let the original poster rely on yr given-information. Going to good immigration lawyer won't do anything, because no lawyer can change a law. It is a law which is written in 'black & white'. Even if someone appeals, so what, they will loose appeal, because there is no basis as far as laws and facts go in this respect. She can go back and start everything again, then no problem to adjust status for her.


                      • #12
                        where in the ina act or the is site is that written? I have never read that 2nd part anywhere. News to me.

                        -= nav =-


                        • #13
                          Hello,My situation is somewhat similar.I entered on K1 got married was granted conditional.Wife left and filed for divorce before conditional was removed.I did'nt file to have conditional removed.Three years later I received a letter informing me that my conditional status was terminated.I remarried had I 130 approved 2 EAD interview date was 10/16/03.I was not interviewed but called to a window by interviewing officer and told that because I entered on K1 had conditional and failed to have it removed,I would not be able to adjust here.He said I would have to return to my native country to apply.

                          Mr SAMMY what is your take on my situation?
                          Thank you for your reply.


                          • #14
                            yours is a different situation then his. Yours, you already "adjusted" but failed to complete the adjustment.

                            i don't know why you have to leave the country though. You should get a lawyer and appeal.

                            -= nav =-


                            • #15
                              your sitation is different difficult but you were married at least. once your condition was not removed you became deporteble but with your new wife you could adjust. you must prove that first marrige was true and I'm not sure need a lawyer maybe can fix for a few thousand but shouldnot be more then 5ooo (?) if status never got out of k1 phase then its impossible...

                              its the law: sammys right! unless repealed by congressed or really challenged wich would be very expensive because needs to go to high courts:
                              K1 was fraudalent marriage act from 1986 I think
                              and illegals from 1996 the illegal alien reform and responsbility act (?)

                              another group that cant adjust are foreing workers from cruise ships marryign usc to adjust right?


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