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She here came on a K1 Visa


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#1 JLW36

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Posted 18 July 2013 - 04:51 AM

I mean she came here on a K1 Visa. I have met someone lately who came here on a K1 visa I think about a year ago. I think after less than a month living with his guy she left and she met this new guy not her petitioner. They got married and now she is about to gave birth soon. They said that she didn't married this guy because he is abusive to her so she left his home.

Now, What will happened to her? I know there is no way that this guy can adjust her status, right?

Is their marriage valid since she came here on a K1 but did not married her petitioner instead married someone else?


Edited by JLW36, 18 July 2013 - 05:03 AM.

My Daugther's IR2 Visa Timeline

October 03-2011-Sent the Application for I-130 Package
October 07-Received USCIS acceptance of Application by e-mail
October 12, 2011-Received Notice of Action by Mail
April 27,2012-Finally Petition is approved!
May 3,2012-Received NOA 2 in the mail
May 29,2012-NVC assigned Manila Case Number MNL2012XXXXXX
May 30,2012-Assigned myself as the Choice of Agent for (DS3032)
June 3,2012-Received and Paid AOS Bill Invoice Bill
June 7,2012-Registered as The Choice of agent
June 7,2012-Receieved and Paid Immigrant Visa Application Bill Invoice
June 10,2012-Complete/signed forms DS230, Affidavit of Support I-864, I-864A
June 26,2012-Mailed all required documents to NVC
July 11,2012-NVC Case Complete!
Aug 6 & 7 - Medical Schedule
Aug 15 - Interview Appointment @ 6:15AM
Aug 15 - Interview Approved.
Aug 23 - Visa/Packet Received
Oct 15 - Bound for PI to pick her up.
October 31, 2012 - Our(POE)Atlanta, Ga.

November 12, 2012- She got her 10 years Greencard

N-400 (U.S Citizenship)
March 08,2011-Mailed package Application for U.S Citizenship
March 17-Receipt Notice (Form I-797C)Received by E-mail
March 21-Recieved I-797C by mail
April 12-Biometrics @ 8AM
August 4-Interview @ 8:40AM. Interview & Oath taking the same day.

I-751 Petition to Remove the Conditions of Residence
June 01,2009-Submit my application (VSC)
June 12-Received NOA 1
June 19-Received Biometrics Appointment
July 08-Biometrics Schedule
Oct 25-Request for the removal of condition approved
Oct 29-Production of the new card
Nov 07-Got my 10 years Greencard

Mom's 2006 IR5


#2 rbacon

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Posted 18 July 2013 - 05:43 AM

I mean she came here on a K1 Visa. I have met someone lately who came here on a K1 visa I think about a year ago. I think after less than a month living with his guy she left and she met this new guy not her petitioner. They got married and now she is about to gave birth soon. They said that she didn't married this guy because he is abusive to her so she left his home.

Now, What will happened to her? I know there is no way that this guy can adjust her status, right?

Is their marriage valid since she came here on a K1 but did not married her petitioner instead married someone else?

Your friend cannot adjust her status because she married someone other than the petitioner for her K1 visa.  The marriage is valid, but she will have to leave the country and be processed as an immigrant spouse.

 

If for nothing else, USCIS is consistently strict about marriages of fiancee immigrant to spouses other than those who petitioned them.  A K1 visa cannot be converted, except by the petitioner.

 

-Ray B



#3 JLW36

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Posted 18 July 2013 - 06:14 AM

Your friend cannot adjust her status because she married someone other than the petitioner for her K1 visa.  The marriage is valid, but she will have to leave the country and be processed as an immigrant spouse.
 
If for nothing else, USCIS is consistently strict about marriages of fiancee immigrant to spouses other than those who petitioned them.  A K1 visa cannot be converted, except by the petitioner.
 
-Ray B


Ray, i thought she would be banned from coming back if she leave the country. But since there is a chance for her to come back as a immigrant spouse then I think she should do the right thing. Thanks ray

My Daugther's IR2 Visa Timeline

October 03-2011-Sent the Application for I-130 Package
October 07-Received USCIS acceptance of Application by e-mail
October 12, 2011-Received Notice of Action by Mail
April 27,2012-Finally Petition is approved!
May 3,2012-Received NOA 2 in the mail
May 29,2012-NVC assigned Manila Case Number MNL2012XXXXXX
May 30,2012-Assigned myself as the Choice of Agent for (DS3032)
June 3,2012-Received and Paid AOS Bill Invoice Bill
June 7,2012-Registered as The Choice of agent
June 7,2012-Receieved and Paid Immigrant Visa Application Bill Invoice
June 10,2012-Complete/signed forms DS230, Affidavit of Support I-864, I-864A
June 26,2012-Mailed all required documents to NVC
July 11,2012-NVC Case Complete!
Aug 6 & 7 - Medical Schedule
Aug 15 - Interview Appointment @ 6:15AM
Aug 15 - Interview Approved.
Aug 23 - Visa/Packet Received
Oct 15 - Bound for PI to pick her up.
October 31, 2012 - Our(POE)Atlanta, Ga.

November 12, 2012- She got her 10 years Greencard

N-400 (U.S Citizenship)
March 08,2011-Mailed package Application for U.S Citizenship
March 17-Receipt Notice (Form I-797C)Received by E-mail
March 21-Recieved I-797C by mail
April 12-Biometrics @ 8AM
August 4-Interview @ 8:40AM. Interview & Oath taking the same day.

I-751 Petition to Remove the Conditions of Residence
June 01,2009-Submit my application (VSC)
June 12-Received NOA 1
June 19-Received Biometrics Appointment
July 08-Biometrics Schedule
Oct 25-Request for the removal of condition approved
Oct 29-Production of the new card
Nov 07-Got my 10 years Greencard

Mom's 2006 IR5


#4 MrkGrismer

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Posted 18 July 2013 - 12:32 PM

If she has evidence of the abuse she might be able to self-petition under VAWA. But it would probably be easier to leave and be petitioned by the husband. She can expect to be asked what happened with the first petitioner.

If you believe Modern Sporting Rifles have a legitimate use, please like, share and participate on: https://www.facebook...tamateSportsmen

http://www.uscis.gov...0004718190aRCRD
 

Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.


#5 JLW36

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Posted 18 July 2013 - 05:33 PM

If she has evidence of the abuse she might be able to self-petition under VAWA. But it would probably be easier to leave and be petitioned by the husband. She can expect to be asked what happened with the first petitioner.

Mark, I don't think she has evidence of any abused since they were only together for less than a month or just few weeks then she left. I think the guy she married has some "rap sheet". I think Felony. You think that would be a problem? I just don't know how long he had that in his record.


Edited by JLW36, 18 July 2013 - 05:34 PM.

My Daugther's IR2 Visa Timeline

October 03-2011-Sent the Application for I-130 Package
October 07-Received USCIS acceptance of Application by e-mail
October 12, 2011-Received Notice of Action by Mail
April 27,2012-Finally Petition is approved!
May 3,2012-Received NOA 2 in the mail
May 29,2012-NVC assigned Manila Case Number MNL2012XXXXXX
May 30,2012-Assigned myself as the Choice of Agent for (DS3032)
June 3,2012-Received and Paid AOS Bill Invoice Bill
June 7,2012-Registered as The Choice of agent
June 7,2012-Receieved and Paid Immigrant Visa Application Bill Invoice
June 10,2012-Complete/signed forms DS230, Affidavit of Support I-864, I-864A
June 26,2012-Mailed all required documents to NVC
July 11,2012-NVC Case Complete!
Aug 6 & 7 - Medical Schedule
Aug 15 - Interview Appointment @ 6:15AM
Aug 15 - Interview Approved.
Aug 23 - Visa/Packet Received
Oct 15 - Bound for PI to pick her up.
October 31, 2012 - Our(POE)Atlanta, Ga.

November 12, 2012- She got her 10 years Greencard

N-400 (U.S Citizenship)
March 08,2011-Mailed package Application for U.S Citizenship
March 17-Receipt Notice (Form I-797C)Received by E-mail
March 21-Recieved I-797C by mail
April 12-Biometrics @ 8AM
August 4-Interview @ 8:40AM. Interview & Oath taking the same day.

I-751 Petition to Remove the Conditions of Residence
June 01,2009-Submit my application (VSC)
June 12-Received NOA 1
June 19-Received Biometrics Appointment
July 08-Biometrics Schedule
Oct 25-Request for the removal of condition approved
Oct 29-Production of the new card
Nov 07-Got my 10 years Greencard

Mom's 2006 IR5


#6 Fritz

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Posted 18 July 2013 - 07:39 PM

Her marriage is valid and she eligible for an IR-1 visa.
 
Since her overstay exceeds 180 days, she will be subject to the 3yr or 10yr ban on reentry.  For this reason she will need to file an I-601, Application for Waiver of Grounds of Inadmissibility

The good news is that she can "Adjust". The bad news is that the procedure is to have her husband file an I-130 for her, then when it is approved, she will file the I-601 and then return to Philippines to pay the Visa Application fees, get the St. Lukes medical exam and go to the Embassy interview. If she passes the interview with only the overstay as reason for denial, the approved I-601 overrides the ban on return.

The adventures continue
Fritz

May you find what you want in life,
know it when you see it and
have the good luck to get it
... and keep it!!!


#7 Fritz

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Posted 19 July 2013 - 12:57 AM

For the life of me I could not find this page earlier. Here are the USCIS instructions on how to file for a green card if you are an immediate relative of a US citizen and in US illegally due to overstay.

Provisional Unlawful Presence Waivers
Note that there are 2 different i-601 forms.
I-601 is filed after the denial of a visa.
I-601A is filed after NVC approves the visa petition and before the interview.

The beneficiary will pay the Visa Application fee and include the receipt with the I-601A form along with the other evidence listed on the I-601A checklist (PDF)

The beneficiary of the I-130 or I-360 must be present in the US when the form is filed and must complete Biometrics as directed by USCIS prior to leaving US. If the waiver is approved The State Department (DOS) will schedule an interview at the Embassy. The beneficiary must appear for the scheduled interview to benefit from this waiver.

The adventures continue
Fritz

Edited by Fritz, 19 July 2013 - 01:20 AM.

May you find what you want in life,
know it when you see it and
have the good luck to get it
... and keep it!!!


#8 JLW36

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Posted 19 July 2013 - 06:27 AM

what about the guy criminal background history? do you think it will add up to her immigration problem?

My Daugther's IR2 Visa Timeline

October 03-2011-Sent the Application for I-130 Package
October 07-Received USCIS acceptance of Application by e-mail
October 12, 2011-Received Notice of Action by Mail
April 27,2012-Finally Petition is approved!
May 3,2012-Received NOA 2 in the mail
May 29,2012-NVC assigned Manila Case Number MNL2012XXXXXX
May 30,2012-Assigned myself as the Choice of Agent for (DS3032)
June 3,2012-Received and Paid AOS Bill Invoice Bill
June 7,2012-Registered as The Choice of agent
June 7,2012-Receieved and Paid Immigrant Visa Application Bill Invoice
June 10,2012-Complete/signed forms DS230, Affidavit of Support I-864, I-864A
June 26,2012-Mailed all required documents to NVC
July 11,2012-NVC Case Complete!
Aug 6 & 7 - Medical Schedule
Aug 15 - Interview Appointment @ 6:15AM
Aug 15 - Interview Approved.
Aug 23 - Visa/Packet Received
Oct 15 - Bound for PI to pick her up.
October 31, 2012 - Our(POE)Atlanta, Ga.

November 12, 2012- She got her 10 years Greencard

N-400 (U.S Citizenship)
March 08,2011-Mailed package Application for U.S Citizenship
March 17-Receipt Notice (Form I-797C)Received by E-mail
March 21-Recieved I-797C by mail
April 12-Biometrics @ 8AM
August 4-Interview @ 8:40AM. Interview & Oath taking the same day.

I-751 Petition to Remove the Conditions of Residence
June 01,2009-Submit my application (VSC)
June 12-Received NOA 1
June 19-Received Biometrics Appointment
July 08-Biometrics Schedule
Oct 25-Request for the removal of condition approved
Oct 29-Production of the new card
Nov 07-Got my 10 years Greencard

Mom's 2006 IR5


#9 MrkGrismer

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Posted 19 July 2013 - 12:46 PM

what about the guy criminal background history? do you think it will add up to her immigration problem?

The criminal history of the original petitioner doesn't matter for her. I missed the fact that she is also a visa overstay (didn't catch the 'over a year ago' in the original post). For that reason she would be best served NOT leaving the U.S. but applying for the adjustment of status with the I-130 per Fritz instructions. The bans on re-entry for a visa overstay only apply if she leaves the U.S. (the bans are on re-entry, not on adjustment of status).

If you believe Modern Sporting Rifles have a legitimate use, please like, share and participate on: https://www.facebook...tamateSportsmen

http://www.uscis.gov...0004718190aRCRD
 

Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.


#10 rbacon

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Posted 19 July 2013 - 02:34 PM

The criminal history of the original petitioner doesn't matter for her. I missed the fact that she is also a visa overstay (didn't catch the 'over a year ago' in the original post). For that reason she would be best served NOT leaving the U.S. but applying for the adjustment of status with the I-130 per Fritz instructions. The bans on re-entry for a visa overstay only apply if she leaves the U.S. (the bans are on re-entry, not on adjustment of status).

Mark,

 

A K1 entrant cannot have her K1 visa converted to Permanent Resident status (without leaving the U.S.) if marrying someone other than her original K1 petitioner.   There are a few visas which were designed to thwart "conversions of convenience," and K1 is one of them.  Other visa entrans who cannot convert status without leaving the U.S. are "C" visas, J1 visas (if with 2-year "outside U.S." requirement).

 

The irony here is that a B1 visitor visa allows conversion without leaving the U.S., even years after it has expired, as the result of marriage to a U.S. citizen.

 

But a K1 entrant is locked into marrying the petitioner or leaving the U.S.

 

I can't speak for Fritz' advice to use the I-601 process for waiver from "grounds of inadmissibility,"  but that might be the only option.

 

I used the I-601 procedure to obtain a visa for a Mexican national who had been in the U.S. without a visa, married a U.S. citizen and had children, but he had to return to Mexico for processing.  Since then the I-601 processing has been enhanced and may be even easier to use (but there are fees).

 

--Ray B



#11 JLW36

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Posted 19 July 2013 - 09:45 PM

thanks ya'll for your inputs and opinion.. I think she can decide if she'll just stay here and be undocumented or to take the risk of going home and be petition again by her now spouse. But I will let her know about this.

My Daugther's IR2 Visa Timeline

October 03-2011-Sent the Application for I-130 Package
October 07-Received USCIS acceptance of Application by e-mail
October 12, 2011-Received Notice of Action by Mail
April 27,2012-Finally Petition is approved!
May 3,2012-Received NOA 2 in the mail
May 29,2012-NVC assigned Manila Case Number MNL2012XXXXXX
May 30,2012-Assigned myself as the Choice of Agent for (DS3032)
June 3,2012-Received and Paid AOS Bill Invoice Bill
June 7,2012-Registered as The Choice of agent
June 7,2012-Receieved and Paid Immigrant Visa Application Bill Invoice
June 10,2012-Complete/signed forms DS230, Affidavit of Support I-864, I-864A
June 26,2012-Mailed all required documents to NVC
July 11,2012-NVC Case Complete!
Aug 6 & 7 - Medical Schedule
Aug 15 - Interview Appointment @ 6:15AM
Aug 15 - Interview Approved.
Aug 23 - Visa/Packet Received
Oct 15 - Bound for PI to pick her up.
October 31, 2012 - Our(POE)Atlanta, Ga.

November 12, 2012- She got her 10 years Greencard

N-400 (U.S Citizenship)
March 08,2011-Mailed package Application for U.S Citizenship
March 17-Receipt Notice (Form I-797C)Received by E-mail
March 21-Recieved I-797C by mail
April 12-Biometrics @ 8AM
August 4-Interview @ 8:40AM. Interview & Oath taking the same day.

I-751 Petition to Remove the Conditions of Residence
June 01,2009-Submit my application (VSC)
June 12-Received NOA 1
June 19-Received Biometrics Appointment
July 08-Biometrics Schedule
Oct 25-Request for the removal of condition approved
Oct 29-Production of the new card
Nov 07-Got my 10 years Greencard

Mom's 2006 IR5





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