My fiance came to the U.S. on a K1 visa and did not marry his fiance at the time. He overstayed his welcome. Now, we got engaged and I want to marry him. What should I do?
Question
My fiance came to the U.S. on a K1 visa and did not marry his fiance at the time. He overstayed his welcome. Now, we got engaged and I want to marry him. What should I do?
Answer
Jamie, When your fiance entered the U.S. on a K1 fiance visa, he had a choice: marry the U.S. citizen who petitioned him to immigrate to the U.S. on the K1 or depart the U.S. He did not marry his U.S. citizen fiance, so he must depart the U.S. There is no other choice, with rare exception. It does not matter that he has been in the U.S. for years. The choice remains the same.
When he departs the U.S. he may trigger a 3 or 10 year bar if he overstayed his welcome for too long on a K visa. An overstay as an adult of more than 180 days triggers a 3 year bar and an overstay of one year or longer triggers a 10 year bar. I would need to know when he entered the U.S. and what age he was when he entered. If he triggers a bar upon departure from the U.S. then we might be able to lift the bar depending on your situation. Most bar waivers are denied.
A phone call can help sort out an immigration plan. Thank you.
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When a fiancee or spouse come to the Unites State are they able to bring their pets? What are the requirements for bringing a pet to live permanently in the United States?
That might be the legal route,but if you move to Jackson County Alabama you would come out ahead.Have all the documents to show,Philippno ran from legal issues there.She is still not a U.S.Citizen she can’t go home!Arrived in 2001 to meet man in N.Y.;he had no mony.She met my father on line; in his house 2 weeks later,married 2 months later,lied on her marriage application.They do not ask for proof,hid prenup.Oh! forgot to tell she had a husband,5 kids another adopted.If you get married ther,if need to get the right judge.You will remain married even if you admit in court your not even divorced.If something happens to either of you,you can get 50%,plus all the perks.Money, Land,insurance,Unrecorded Prenup Perks.They help with drivers licence,what ever you need.I can give you the name of a C.P.A.;who will do your taxes, among other things you might need.If you have deep pockets,you get more all attorney’s in town are the same.They work very very close with legal departments.Immigration ignores any complaints,so no worries.Fbi,is afraid of judge or friends they will not get involved.Think about it,happy to send proof of all I have said.Hope it helps
My fiance and his children received their visas to come to the U.S., however, they are only valid for 6-months. Since they would like to wait and come to the U.S. next fall, how do they extend the K-1 and K-2 visas?
They need to check with U.S. customs for proper paperwork and also with the airline to find out what transportation containers are required. Shots may likely be needed, so check early with U.S. customs.
The foreigner must have good cause to obtain an extension beyond the six month period granted for entering the U.S. Ease or difficulty in obtaining an extension really depends on the particular consulate and the officer reviewing the matter. Some officers are more flexible than others. You should not assume the foreigner will be granted an extension. Right now, immigration agencies look for ways to cut costs. It is quick and easy to deny a request for an extension given that resources are tight and budgets are stretched thin. Thanks.
Hello Mr Allan how are you? And how is Taylor i have been a client of yours and received my k1 visa successfully with your and Taylor’s help I would like to thank you and Taylor for all your advices it has been great help there were some honest mistakes but we were always asking Taylor questions and get answers at the same day so was good enough with a success in the end of the rough process. So if it is ok for you to answer my question it would be great if you couldn’t because i am not a client anymore I will understand. i filed for adjustment of status few days ago in one of the forms they needed me to write my name in native language and i forget to fill this in i left it blank. will that be a problem and send it back to me to fix it or what?
Again Thanks for all your help.
Michael, You are always a client as far as I am concerned. Thanks for this follow up. As long as the adjustment application is received into the agency, then it should process. When you go for the adjustment interview, you would likely need to complete this information at that time. It can be possible the you will receive a request for evidence regarding your name in native language because this information is likely needed for a police check. If that happens, then your case will be delayed, but you will remain in lawful status while the information is collected and a background check is completed. I hope this helps. Kind regards, Allan
Hi, ten years ago I submitted a request for a K1 (Fiancé Visa) which was granted to my boyfriend. He came to the USA, but unfortunately we broke up and did not go through the marriage process. He decided to stay and we lost contact for all those year. Recently we reunited and we are planning to get marry. But I was wondering if there still a change for us to continue with the legal process since so many years has passed. Thank you for your advice.
Sandra, If he is still in the U.S. and has not been detained by ICE or had any other immigration problems (or criminal offenses), then it can be possible to marry now and obtain a green card for him based on your marriage. You are welcome to contact me if like at 1-888-483-0311 (toll free from the U.S.). My email is allan@asl-lawfirm.com. I would be glad to help. Kind regards, Allan
i entered US as k1 visa.. after 1 month we got married and apply for the temporary greencard. weve been together for 4 months but it didnt work out.. because we separated,we didnt wait for the sched interview and authorization to work.. instead ii wrote a letter for the withdrawal of my application.. its been 1 year now im planning to apply for self petition, am i qualified?
Mitchie, Are you working on your own? It was a mistake to withdraw your adjustment application. There are serious problems here for you and so you need to be working with a qualified immigration attorney before taking action.
Immigration is so important to most. It baffles me when you act on your own without legal advice. You can be put into removal proceedings when you make mistakes.
In this case, I think a paid consultation is in order. I often offer free consultations, but its for those interested in working together with me. When you proceed independently, I feel at that point a paid consultation is best. If you hire me I would consider applying a portion of the consultation fee toward the work. Please consider. My number is 1-888-483-0311 (toll free from the U.S.). Kind regards, Allan
As a man, a decent human being, and a lover of strnog women, I find this guy disgusting. In my view, his actions are no different than taking advantage of a child or handicapped person. I would also like to state, as a single man on the internet, not everyone is a creep. Unfortunately, there are enough of them that it is dangerous to take chances. Being lonely can make you take chances you wouldn’t normally take, I know, but please be careful. That goes for the guys too!!! Not every woman you meet online is what they seem. Oh, and to those that bring strangers into their homes with children, shame on you. Why take that chance? It doesn’t make any sense.
Felipe, Thanks for your comments. I’ve helped 11,000 family members immigrate to the U.S. Every relationship is different and so part of my job is to dig into things and help sort out an immigration plan. What I find is that relationships come in all different shapes and sizes. It’s hard to read a short synopsis and draw conclusions. Allan
Hi, my ex-girlfriend came here on a K-1 Visa a little over 3 years ago. We ended up not marrying, but she recently married someone else in June. The guy she married has type 2 diabetes but is managing. I’m wondering if it’s possible for her to use this as a way to justify herself staying here and becoming a citizen through waivers over the 10 year ban. Please advise. Thanks.
Chris, No. She will very likely remain in the U.S. illegally or depart the U.S. and return on a marriage visa. When she departs the U.S. she will be barred from returning here for 10 years due to her overstay in the U.S. for more than one year. The bar can be lifted if her husband can demonstrate convincingly that he is unable to reside with her outside the U.S. due to a serious medical condition or combination of hardships that are unique to him and amount to extreme. Bar waivers are difficult to obtain. I hope this helps. Kind regards, Allan
Hi, is it possible to enter the US using K1 visa, but not going to marry my fiancee then look for a job instead, and maybe find someone else, because we broke up that’s the thing but I still have my K1 visa.
Meagan, Not in your circumstance based on what you wrote. The K1 visa was issued so you could marry the U.S. citizen who petitioned you only. If you do not marry, then you must depart the U.S. within 90 days after arrival. If you have another fiance, you can return to the U.S. on a fiance visa with your new fiance. The important thing is not to overstay your welcome. Allan
My wife came to US in 2000 k1 visa from ex fiance’. He and my wife got married within 90 days, but filed an anmmounent (could be miss spell) afterward with her ex husband. We met and later married in 2003 and had 3 kids. Her status now remain unclear. What should we do now. Please help.
Thanks,
John
John, Greetings. There is a chance she may be able to obtain a green card based on her prior relationship. She cannot obtain a green card based on your relationship while remaining in the U.S. It will help to know the basis for annulment. In the U.S. an annulment typically has the effect of nullifying the marriage, which is not good. Even so, an analysis needs to be done to determine her possibilities. Please call if you like at 1-888-483-0311 (toll free from the U.S.), or email me at allan@asl-lawfirm.com. Kind regards, Allan
hello there,
i came here 2009 by k3 visa and after my arrival he start abusing me and i try to keep my marriage but it did not work out and when it get worse i get out and go to the shelter and apply i360 in then i was denied bcz i dont have enough evidence and now i meet some one when the time goes by and we start dating for one year and we get married on this year2012 he is a green card holder he just get recently and we love each other and i dont want to go back to my country i want to stay hear ,i need to go back to school what can i do what is my options?
Zewall, I am sorry, but I likely cannot help. You need to obtain good advice early on in case processing because when you make mistakes it causes a great deal of damage. If you want to go over your current immigration situation and choices, I can offer a paid consultation. I’ve not been involved up to this point and you have a mess on your hands, so I think it fair to have a paid consultation. I will better understand your situation through discussion and see what is possible, if anything. I cannot promise. I charge $60 for the first 15 minutes and then $3 each minute after that time. My number is 1-888-483-0311 (toll free from the U.S.). Please call and report that you would like a paid phone consultation. Allan
Hello There,
Me and my ex lived in the UK about 2 years, then we engaged. After He moved to the US and applied for the fiance . We broke up 3 months after applying the visa and he sent a letter to the visa center to cancel the fiance visa. But we got back together after a week or 2 him sending the letter. We both want to marry in the US and is there any chance we can stop the cancelling the progress by calling the visa center? If they have already cancelled it, Can I go to the US with a tourist visa and and marry him there? What’s the best legal option for us? WE both do not know what to do right now.
Thanks in Advance.
Donia, It can be possible to reverse cancellation of a visa withdrawal, but the rules will clearly allow cancellation despite your efforts to reverse. It really depends on the particular immigration officer in review of your case whether to cancel. I would not rely on trying to reverse cancellation as a solution.
You could attempt to enter the US as a “visitor” and then marry. The problem is that you will not want to depart the US at the end of your visit. This can open you up to an allegation of misrepresentation to a border agent regarding your claim that you are a “visitor.” This approach is possible, but carries risks. A finding of misrepresentation can result in a permanent bar from the U.S., married or not.
A phone conversation is needed. I am glad to discuss by phone at no charge for those who have an interest in the possibility of working with me on case processing. If you simply want information and want to work on your own, then a paid consultation would be more appropriate so we both can receive a benefit from the exchange, yes? Please call 1-888-483-0311 (toll free from the U.S.) and let me know what you would like to do. Also, my email is allan@asl-lawfirm.com. I hope to hear from you. Kind regards, Allan
Hi,
Im Josephine, I am a k1 visa, im here now in U.S, but my fiancé would not going to marry me, he change his mind, I would like to ask if I can still stay here and marry for another man before I my visa expired? What if I will over stay here, what would be the penalties I would face? thank you.. and more power.
I met my fiance online a few years ago. I went to the Phillippines in the summer of 2012.
I have applied for the fiance visa. During her appointment at the embassy they said her visa from a prior relationship was still open, about 18 monthes old, how do I get that petition removed. She had had no contact with the person for almost 2 years now and he even may be married.
Rick
Josephine, Your choice is to marry the U.S. citizen petitioner who sponsored you to the U.S. on the K1 fiancee visa, or depart the U.S. Since you did not marry, you must at some point depart the U.S. The longer you resist departing the U.S., the higher the penalties accrue. If you leave in time, it is possible to bring you back on a new fiancee visa or perhaps on a spouse visa if you marry first. If interested in discussing further, please contact me and I will be glad to help. Kind regards, Allan
It often happens when working on your own that you get tripped up on things you do not anticipate and its those things that cause all the problems. I offer free consultations to those interested in working with me on case processing. I also offer paid consultations for those interested in proceeding on their own, so we both receive a benefit from the exchange. Since you are working on your own, you are welcome to call our offices and report you would like a paid consultation. I would be glad to discuss with you what can be done and this should help. Kind regards, Allan
I came to USA by k1 visa and married before 90 days and then apply for 2 years green card. Now green card is on process and our married is not work so I’m thinking about divorce. What will happen if I divorce before got green card. Can I get marry with someone if I meet new love and can him apply green card for me?
Nookie, If your relationship is failing while your application for removal of conditional status remains pending, then you must be very careful. Depending on the circumstances, it may be better to notify the USCIS that the marriage is in jeopardy. You may even want to withdraw the application if you are reasonably certain your marriage is headed for divorce. If you try and pretend the marriage is in good faith and your husband turns against you, it will appear as if you are guilty, misrepresenting your relationship to immigration officials. Even if you divorce, it still can be possible to waive the joint application to remove conditional status and proceed on your own with a waiver based on a good faith marriage. You need to be very clean in your filings or you can run into problems. Please contact me directly to discuss your situation in more detail if you have an interest in possibly working together with me on your immigration filings. Kind regards, Allan
Hey,
I am currently here on a K1 and we plan to get married before 90 days, however, it may seem like my fiancee needs more time to prepare for the wedding because he has had a knee injury and is using crutches and this Fall he fell on his bike and injured his ribs. He can’t walk properly now. Do we need to take photos and document this? Plus we’d like time for perhaps family to come over too.. if we so decide to do it this way.. We want the location and timing to be perfect and we don’t want to press the situation. If we marry within few months after K1 expires will that be a problem? As we have been apart for so long waiting for this visa, we really need some time together in person now to heal the pain from being apart for so long and look for a place to live! And he is the kinda guy who needs time for things. Thanks so much for your good assistance. Best wishes, Elise ( Scandinavian)
Elise, Thank you for your inquiry. The basic rule is to marry within 90 days or depart the U.S. Sometimes, couples will have a quick civil marriage just to make it legal, and then have a family wedding celebration at a later time. It can be possible to marry after the expiration of 90 days and still try to remain in the U.S. to adjust your status to permanent resident based on marriage. However, there are risks since you will have fallen outside the rules. I’ve handled this type of case a number of times. One of them is currently on appeal after denial. We will likely win. If you have an interest in possibly working with me on your immigration filings, you are welcome to call and we can discuss further. Kind regards, Allan
hello allan i have a few questions. my name is jackelyn i am currently 24 years old my boyfriend is 23 hes from the dominican republic, hes been in the us since he was about 15 or 16 on a visa and it expires in 2017. we have been together for 11 months and he asked me to marry him and i said yes. now my question is can i marry him since hes here on a visa and i am a us citizen? what happens if i do marry him? and will he still have to leave when his visa expires? im desperate to know because i want to marry him before we move in together. thank you!
Jackelyn, Please do not have him depart the U.S. without first speaking with a qualified U.S. immigration attorney. If you have an interest in possibly working with me on his filings, you are welcome to contact me off-post and I will be glad to screen the case and give advice. I hope to hear from you. Kind regards, Allan
which way is the fastest way to bring my wife to the U.S.A. I am a green card holder. and I have been for 3years in the U.S.A.
Hi Allan, i have my petition approved & all i have to do is to set the interview, but i decided not to continue it due to some events. It is necessary to cancel it (how?) or just let it expire? Thanks a lot!
Katy, I typically want to cancel and not let the case simply expire. In the future, you may meet someone else you like and your immigration history will be in question, which is cause for delay. If you make the record clear now, your process is consistent and this can perhaps help you later. Kind regards, Allan
Aman, I am available to assist with case processing if interested. Can you please contact me off-post?
In the meantime, here is information regarding a permanent resident green card holder immigrating a foreign spouse:
https://asl-lawfirm.com/blog/green-card-holder-immigrating-a-foreign-fiance-from-jamaica/#comment-1288
I hope to hear from you. Kind regards, Allan
Hi Allen my name is Yuki and I wanna know about my cases. I came US 11years ago with K1Visa and I didn’t married the guy. Now I married with US citizen and have two children. Is anyway I become a legal status ? Thank uou
Yuki, You must generally depart the U.S. at some point and process through a U.S. consulate on a spouse visa. You will trigger a bar from the U.S. for being here illegally more than one year as an adult. Most bar waivers are denied. Your U.S. citizen husband must show convincingly that he is unable to reside with you abroad. Here is more information:
https://asl-lawfirm.com/extreme-hardship/
Please let me know if you have hardships and would like my assistance with case processing. Kind regards, Allan
I come as fiancé but I marred after 1years now I have to kids from my sponsor can I get my green card as immidetly relative of us citizen
Sara, Since you did not marry the U.S. citizen petitioner within 90 days after arrival in the U.S. on a K1 fiancee visa, you do not qualify for a green card based on your K1 status. An alternative must be worked out. Please contact me off-post if you have an interest in working with me on case processing. Very kindly, Allan
I came on k1 visa and things did not work out with me and the person, but I couldn’t go back because ebola was in my country and later i apply for TPS and I am presently working. Now I am married to a US citizen and I have to go back home. Will the 3 to 10 years bar effects me?
Tom, Yes, it can apply. I would like to know whether you actually obtained TPS and still have it. If interested in working together with me on your immigration filings, can you please call me to discuss off-post? I hope to hear from you. Very kindly, Allan
i came here as fiance visa we got married 4 months ago my husband filling for a divorce.
it is possible to marry other guy after the divorce is final or i rather go back to my country and apply again?
thanks
Daine, If you have not yet filed for adjustment of status to become a green card holder, then you likely need to file for divorce and depart the U.S. However, if you have been out of status on the K1 visa for very long, you may trigger a bar from the U.S. When you depart and try to return based on the new relationship, the bar may prevent your return to the U.S. If your husband has been abusive, you may be able to still obtain a green card based on the marriage. Basically, you need a case screening. You and your fiance are welcome to call me to discuss if you have an interest in working with me on case processing. I hope to hear from you. Very kindly, Allan
Hi Mr. Lolly,
21 years ago I came on a k-1 visa did not marry my fiancé and did not leave the US due to 2 reasons: my country was in a state of war and my US citizen sister find out that one of her children (who is my godson) was diagnosed with autism. I stayed to help my sister who in return filed in 2000 an 1-130 and an application to adjust status that got denied in 2011 for the k-1 visa. Can I use my godson case as an extreme hardship ?
Jackie, No, you cannot based on what you wrote. If you are married to a U.S. citizen, you are welcome to call to discuss. Very kindly, Allan
Hi I came here 2 years ago as K1 visa married to a guy but annulled after a week of marriage. Now, I am going to get married to another guy by December. Am I going to adjust my status and get green card and petition my 2 little kids without going back home from my country?
Sheila, It won’t work. You came to the U.S. on the first marriage, so you must depart the U.S. and reenter on the second marriage. However, you will be barred from the U.S. for 10 years because of the overstay, married or not. You need attorney assistance. If interested in working with me to immigrate your children to the U.S. and try to obtain benefits for you as well, please call me to discuss. Our fees are reasonable and we do good work. I hope to hear from you. Very kindly, Allan
Hello I came to us on a k1 visa on may 21 but didn’t get married to my husband until the 14 of nov. I have to leave the country because of family emergency will I face a ban even though I married to petitioner if so can it be waived
Shakira, Leave if there is an emergency, but it may take nearly a year to bring you back to the U.S. on a marriage visa. If you have an interest in working with our office on case processing to help you obtain a visa or green card, please call me and we can discuss. Very kindly, Allan