Randy W Posted January 29, 2009 Report Share Posted January 29, 2009 What was the reason he did not wish to marry her. The monkey maybe on her back. Doesn't matter - it IS on her back to either marry her petitioner, or leave the country. There IS a third option, though. When she gets a removal hearing notice, she could go to court, explain her situation, and possibly be allowed to adjust status (it does happen). If that fails, she would still have the voluntary departure option. Link to comment
shadeOgray Posted January 29, 2009 Report Share Posted January 29, 2009 I didn't read the entire thread but based on her statement that guy is a real ass and she should leave him asap. IMHO Link to comment
Guest Rob & Jin Posted January 29, 2009 Report Share Posted January 29, 2009 Randy's option 3 sound good to me, worth a try. Assuming she has the finances to stay. Link to comment
jst Posted February 1, 2009 Report Share Posted February 1, 2009 1) She cannot marry any other USC and stay in the country. The K1 visa is only to marry the person who is approved in the k1 process. If she does marry another USC she will still have to return to china and the entire process will have to go thru china. Even if she does marry in the USA she will not be allowed to have an interview in USA because it will be considered visa fraud. Please understand this is CORRECT information. I helped someone else in this situation. 2) she can stay 180 days past the original 90 day with out having problems however if she does marry the original k1 man it will not be valid as the K1 is very specific and CANNOT be altered in anyway. If she does stay here she WILL be illegal and CANNOT adjust any way at all. Link to comment
credzba Posted February 1, 2009 Author Report Share Posted February 1, 2009 I received a pm from her, and she told her fiance she needed to return home so as not to be illegal (I would not have wanted to be there for that discussion). Now though, she does not think he will buy her a ticket. If he wont pay for her ticket home, I dunno what she can do.. maybe turn herself into immigrations, and ask for help. Link to comment
Guest Rob & Jin Posted February 1, 2009 Report Share Posted February 1, 2009 1) She cannot marry any other USC and stay in the country. The K1 visa is only to marry the person who is approved in the k1 process. If she does marry another USC she will still have to return to china and the entire process will have to go thru china. Even if she does marry in the USA she will not be allowed to have an interview in USA because it will be considered visa fraud. Please understand this is CORRECT information. I helped someone else in this situation. 2) she can stay 180 days past the original 90 day with out having problems however if she does marry the original k1 man it will not be valid as the K1 is very specific and CANNOT be altered in anyway. If she does stay here she WILL be illegal and CANNOT adjust any way at all. did you miss Randy's post on removal hearing and AOS ? Link to comment
jst Posted February 1, 2009 Report Share Posted February 1, 2009 1) She cannot marry any other USC and stay in the country. The K1 visa is only to marry the person who is approved in the k1 process. If she does marry another USC she will still have to return to china and the entire process will have to go thru china. Even if she does marry in the USA she will not be allowed to have an interview in USA because it will be considered visa fraud. Please understand this is CORRECT information. I helped someone else in this situation. 2) she can stay 180 days past the original 90 day with out having problems however if she does marry the original k1 man it will not be valid as the K1 is very specific and CANNOT be altered in anyway. If she does stay here she WILL be illegal and CANNOT adjust any way at all. did you miss Randy's post on removal hearing and AOS ? I did not miss this. She can apply for a hearing and she will be given one however it will only be a formality. She will NOT be given an adjustment. I went thru this with my ex wife. I caught her cheating on me a few months before her 10 year card and I immediatly divorced her. She was going to try the abusive husband route and she quickly learned it would be a no go. She must have PHOTOS of abuse and hospital reports and police records. Anything short of that would be denied and even that would be no promise. I spoke to an attorney about this and he told me this. Tole me many ladies come here and try this and immigration knows this. It is the reason they require so much proof. For this other lady, it will take about 1 year for the entire process if she does ask for a hearing. After reading a post that says the husband will not buy her a ticket home, she will have to ask a lawyers advise on that one. Link to comment
david_dawei Posted February 1, 2009 Report Share Posted February 1, 2009 1) She cannot marry any other USC and stay in the country. The K1 visa is only to marry the person who is approved in the k1 process. If she does marry another USC she will still have to return to china and the entire process will have to go thru china. Even if she does marry in the USA she will not be allowed to have an interview in USA because it will be considered visa fraud. Please understand this is CORRECT information. I helped someone else in this situation. 2) she can stay 180 days past the original 90 day with out having problems however if she does marry the original k1 man it will not be valid as the K1 is very specific and CANNOT be altered in anyway. If she does stay here she WILL be illegal and CANNOT adjust any way at all. did you miss Randy's post on removal hearing and AOS ? I did not miss this. She can apply for a hearing and she will be given one however it will only be a formality. She will NOT be given an adjustment. I went thru this with my ex wife. I caught her cheating on me a few months before her 10 year card and I immediatly divorced her. She was going to try the abusive husband route and she quickly learned it would be a no go. She must have PHOTOS of abuse and hospital reports and police records. Anything short of that would be denied and even that would be no promise. I spoke to an attorney about this and he told me this. Tole me many ladies come here and try this and immigration knows this. It is the reason they require so much proof. For this other lady, it will take about 1 year for the entire process if she does ask for a hearing. After reading a post that says the husband will not buy her a ticket home, she will have to ask a lawyers advise on that one. yes... this is generally true... outliers may exist which are generally and probably not worth advising any attempt. One doesn't know their outcome till they try to pursue all avenues; some lead to a dead end which could also result in worse (not allowed back in US). Link to comment
NewDay2006 Posted February 4, 2009 Report Share Posted February 4, 2009 (edited) I read the thread a while back. I also saw Mike's comments. But the most important thing is, the lady was really un-lucky to find such a "winner" to come here to marry. Sound like he just wanted to test drive the car with no intention of buying it. I have to beleive life will return the favor to him one day. Someone will dump on him as he did on this lady. Sad Edited February 4, 2009 by NewDay2006 (see edit history) Link to comment
Stepbrow Posted February 4, 2009 Report Share Posted February 4, 2009 I read the thread a while back. I also saw Mike's comments. But the most important thing is, the lady was really un-lucky to find such a "winner" to come here to marry. Sound like he just wanted to test drive the car with no intention of buying it. I have to beleive life will return the favor to him one day. Someone will dump on him as he did on this lady. Sad Yes it is sad, and I agree that everything that goes around comes around. You just never know what the "real story" is until you hear both sides. Link to comment
MarkHui Posted February 4, 2009 Report Share Posted February 4, 2009 Wow some of em seemed more intrested in bickering than trying to help the woman out. Link to comment
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