johnnybill45 Posted September 21, 2003 Report Share Posted September 21, 2003 This is not an American thing, it is simply a guy who got cold feet and left her stranded in a strange country. He could be European, African, Argentinan, whatever. He is a jerk by anyone's standards. It is a real shame. As many of you said, we don't know the whole story and it's easy to conclude things out of context. Nevertheless, the women needs help and probably will just have to "lose face", and go back home. Her "face" will re-cooperate after some time. But it is truly a painful and awful experience for her. John Link to comment
rfsun Posted September 21, 2003 Report Share Posted September 21, 2003 My sympathies go out to poorlady. I hope everything works out for you. My understanding of the K1 visa is that it allows you to enter the US to marry the petitioneer only. Otherwise, you are illegal. Having been in the black hole I can only support LEGAL immigration. I fear that illegal immigration made the black hole worse. It was difficult to get media support and understanding. I have heard of some people that fake the fiancee to get the visa. I do not know if this is such a case but I can only help with LEGAL immigration. Link to comment
Guest enight Posted September 21, 2003 Report Share Posted September 21, 2003 You see the situation as described and feel she "deserves" to stay because she was screwed. Even if staying transcends the law.heheee.... I didn't say she is 'deserved' to stay. we are not here to judge her to stay or go back... (I don't think anyone has the right to judge the others action except God) http://www.chat001.com/bbsimg/117.gif besides... do you think she would go back if all of us say 'GO BACK!'? Link to comment
Guest jimb Posted September 21, 2003 Report Share Posted September 21, 2003 The K1 visa allows her to marry the petitioner and adjust status based on that marriage only. However if she were to marry someone else, it would not be illegal. They could file for a spousal visa. And she could either return to China before the 90 days are up, and wait for that visa to be processed or stay and try to adjust status based on her marriage to a US citizen (this could be risky) but many of these cases are approved. She could also get engaged to someone and file another K1 visa, in that case she would have to return to China and await processing. At present she is in the country legally. Overstaying a visa does not make someone an illegal alien. After 180 days overstay they will incurr a 3 to 10 year ban when they leave. Committing a crinimal act such as obtaining fraululent ID could give her a lifetime ban. I think she should at least look around for the 90 days she is allowed here, I am not advocating she do anything illegal. Husband shopping is not illegal, if the marriage is entered into with good intention by both parties. jimb Link to comment
Dave G. Posted September 21, 2003 Report Share Posted September 21, 2003 You see the situation as described and feel she "deserves" to stay because she was screwed. Even if staying transcends the law.heheee.... I didn't say she is 'deserved' to stay. we are not here to judge her to stay or go back... (I don't think anyone has the right to judge the others action except God) http://www.chat001.com/bbsimg/117.gif besides... do you think she would go back if all of us say 'GO BACK!'? Wow...if we keep this up, I'll have as many blue thingies as you. http://smilies.sofrayt.com/%5E/j0/type.gif Point taken....didn't mean to put words in your mouth. You're exactly right. No matter what we say, she'll fight to stay. If she gets help from us, she'll take it. If not, she'll seek other sources. (Stage 1 thinking). Anybody else find it interesting she hasn't jumped back into this thread? I know when I've had my "crises" and turned to you for help, I'd check fairly often for direction. Maybe I'm just anal...... Maybe not.......http://smilies.sofrayt.com/%5E/_950/fart.gif Link to comment
Guest enight Posted September 21, 2003 Report Share Posted September 21, 2003 Maybe I'm just anal......excuse me... you are what? http://www.chat001.com/bbsimg/91.gif Link to comment
Dave G. Posted September 21, 2003 Report Share Posted September 21, 2003 Maybe I'm just anal......excuse me... you are what? Anal retentive...over-controlled...obsessive...neurotic....compulsive...over-enthusiastic...passionate ...besotted...absorbed...fixated...................................... You know...the normal anal. http://smilies.sofrayt.com/%5E/a0/rottease.gif Link to comment
Guest enight Posted September 21, 2003 Report Share Posted September 21, 2003 Anal retentive...over-controlled...obsessive...neurotic....compulsive...over-enthusiastic...passionate ...besotted...absorbed...fixated...................................... You know...the normal anal. http://smilies.sofrayt.com/%5E/a0/rottease.gifI see... you are a knowledgable anal! Link to comment
Guest sanfranciscojoe Posted September 21, 2003 Report Share Posted September 21, 2003 husband shopping may not be unlawful, but marrying to stay in the country is. It is irresponsible to encourage her to do so. Link to comment
warpedbored Posted September 21, 2003 Report Share Posted September 21, 2003 One possible solution which I concede would probably be a long shot is to file for political asylum. Is it possible that in returning to China she would not be able to find work or be persecuted by local officials because she went to the US and failed? Just speculation on my part with no real knowledge of immigation law. Link to comment
Guest sanfranciscojoe Posted September 21, 2003 Report Share Posted September 21, 2003 asylum won't work. it will be manifest that persecution was an afterthought only coming to the fore when the K1 blew up.Moreover, there must be a well founded belief that persecution on political grounds will result. None are apparent here.My goodness, we all have to jump through so many hoops because the system has been misused by so many people coming here under false pretenses. Yet, we struggle to find a way for poorlady to bend the rules. She should return. The advice should be precisely that by consensus.Lets not become "scandal for all". Link to comment
Guest jimb Posted September 21, 2003 Report Share Posted September 21, 2003 Visa fraud is illegal. Marrying to stay in the country is not. As long as the marriage is a real marriage and not a sham. Motives for getting married are many. I am sure that many fiancee come here and get married to to stay in the country. I am also sure that most of these marriages are legal, just as someone who marries for money, or marries for status, or marries because the woman is pregnant. Love is not the only reason people get married, and these other marriages can last a lifetime, even without real love. jimb Link to comment
Guest sanfranciscojoe Posted September 21, 2003 Report Share Posted September 21, 2003 my goodness, jimb. I am profoundly disheartened that you feel that way. I wish you luck. Link to comment
warpedbored Posted September 21, 2003 Report Share Posted September 21, 2003 When you separate law from emotion I suppose she is required to go back. The fact remains that she came here for legitimate reasons since she was approved by the VO in Guangzhou. I can't imagine how bad it must feel to be jilted on arrival. We are a compasionate country and should take into consideration that she came here legally instead of sneaking across the border. Your kick the woman out of the country attitude disturbs me Joe. I would like to think that as a nation we are better than that. Link to comment
Guest sanfranciscojoe Posted September 21, 2003 Report Share Posted September 21, 2003 sorry to disturb you. maybe we should advise her to tell BCIS that she didn't come here on a K1 visa at all. Perhaps she was abducted by aliens and dropped in NY? Yes, thats the ticket!Whatever works. The hell with the law, both the letter of the law and the spirit of the law. Use it when it suits us, disregard it when it doesn't.Let's just create another category for pwersons with a sad story: no visa required! Check the story? Nah, thats too disturbing!Sorry to even suggest it. Link to comment
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