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K1 gal gets told to get lost


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so i don't want to say too much in case the dude's on this forum, but there's this chick that just got to the US and boyfriend or whatever he is, wants to end the relationship. regardless of or her telling the truth or not, what are her options if she wants to stay here?

 

 

xie xie :toot:

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so i don't want to say too much in case the dude's on this forum, but there's this chick that just got to the US and boyfriend or whatever he is, wants to end the relationship. regardless of or her telling the truth or not, what are her options if she wants to stay here?

 

 

xie xie :toot:

 

No legal options if they arn't married. Illegal, take your pick...

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Guest Rob & Jin

so i don't want to say too much in case the dude's on this forum, but there's this chick that just got to the US and boyfriend or whatever he is, wants to end the relationship. regardless of or her telling the truth or not, what are her options if she wants to stay here?

 

 

xie xie :toot:

 

 

If they are K-1 not much, unless he marries her, she has 90 days. your post is to vague to say any more

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I've seen it before. I personally know of a case where the woman arrived here in good faith. Her fiancee decides he doesn't want to get married. Beats her up and kicks her out. Since they never married she has no options to adust status on her own. She has to go underground or return to China.

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I've seen it before. I personally know of a case where the woman arrived here in good faith. Her fiancee decides he doesn't want to get married. Beats her up and kicks her out. Since they never married she has no options to adust status on her own. She has to go underground or return to China.

 

I remember this Carl. It REALLY pissed me off!!!!!!!!!!!!!!!

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I've seen it before. I personally know of a case where the woman arrived here in good faith. Her fiancee decides he doesn't want to get married. Beats her up and kicks her out. Since they never married she has no options to adust status on her own. She has to go underground or return to China.

 

I remember this Carl. It REALLY pissed me off!!!!!!!!!!!!!!!

Sad story. Hate to hear about these things. I knew a long time ago how we would be turning my sweethearts life upside down, and the commitment from me to make her life wonderful. I have also read where her life could be in shambles if she had to return to China for whatever reason. I wish others would think this process through, and fully understand how their poor planning could devastate someone's life.

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This comes up often on VJ.

 

Some suggest marriage to a different US Citizen, and that different US Citizen files I-130 and I-485 concurrently to adjust status based on the newer visa petition the I-130 for (CR-1), this works for other non-immigrant visa types like student, tourist, business, etc. (May or may not work because of the K-1)

 

Others indicate the K-1 obligates the non-immigrant to marriage to the citizen who petitioned for the K-1, and the only other option is to return home.

 

This is a good question for an immigrations lawyer.

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I've heard stories about it before, too. It's kind of a "blue-gray" area in the spectrum of things.

Technically, I think it's illegal but I think it could work, with a good immigration lawyer. I mean, the law does state; "once in the US" the I-130 can be filed on an immigrant who legally entered the country but; and that's where the issue begins. A sticky situation to say the least. Some it works and some it doesn't. Yep, alot of "blue and gray!" :unsure:

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I agree that I've heard of the "boyfriend switch" trick.. but let's remember that USCIS is alway aware of this switch to another USC...

 

It's very 'gray' whether they allow her to adjust or not; it can easily be seen as immigration fraud to marry another purely for benefits.. and another person might let it occur...

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If a gal could so quickly switch to another USC how legit could her entry have been in the first place? One fiance to another within 90 days?

I have read of cases where a person comes to the USA on visitors visa, then way overstays it and then marries someone and files I-130/I-485 to adjust status, the overstay tends to be dropped through marriage to a US Citizen.

 

Again this is a good subject to talk about with an immigrations lawyer.

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