Fjimen6

i came here as K-1 and i didnt marry my fiance, i am overstayed and living with
a guy whom i wanted to marry. is it possible i can marry him eventhough my
entry is different fiance. lawyer has told me i have to go back philippines and
get a new petition. is there any other way, coz we are afraid that i cant be
approved by the embassy in US because im overstaying.

Matta Harri

In article ,
[email protected] (FJimen6) wrote:
    > i came here as K-1 and i didnt marry my fiance, i am overstayed and living
    > with
    > a guy whom i wanted to marry. is it possible i can marry him eventhough my
    > entry is different fiance. lawyer has told me i have to go back philippines
    > and
    > get a new petition. is there any other way, coz we are afraid that i cant be
    > approved by the embassy in US because im overstaying.

You can marry anyone, anytime. The real issue is adjusting status, is it
not?

If your overstay period is as much as 6 months, you are subject to a
3-year ban when you leave, and if it's 1 year, then the ban is 10 years.
That being said, you could marry, then leave, and your US husband could
file for spouse visa for you. When you interviewed, you would be denied
the visa due to the ban, but then he would be able to file a waiver for
the ban. If all other things are in order, you probably would be
approved. However, there are no guarantees, and it would take several
months at least, maybe a year.

However, the attorney is correct: the k-1 entry status will NOT allow
you to adjust status on any basis except marriage to the original
petitioner. That is sealed in cement and not changeable.
--
Matta

Darren

You DESERVE to be deported !!!

People like you come here, cheat the consulate and the INS,and
therefore,honest people have a hard time getting K-1 visas.

Too bad your original petitioner FIANCE couldn't see through your
bulls..

I truly wish the INS never gives you an Adjustment of Status even if
you marry this new sucker !!



[email protected] (FJimen6) wrote in message news:...
    > i came here as K-1 and i didnt marry my fiance, i am overstayed and living with
    > a guy whom i wanted to marry. is it possible i can marry him eventhough my
    > entry is different fiance. lawyer has told me i have to go back philippines and
    > get a new petition. is there any other way, coz we are afraid that i cant be
    > approved by the embassy in US because im overstaying.

Folinskyinla

Hi:

Matta Hari's post is right on. You cannot adjust status in the US. You must get your visa abroad. Been there, done that for clients. Just did one like that in Warsaw.

If you have been in the US for more than 270 days after entry, then you have the 180 days of illegal status and you wil have the 3 year bar to return and if here over 1 year, 90 days, then a 10 year bar.

Steve

Yeah, you need to go back to the Phillipines. You must not have known
your 'fiance' very well before coming here, unless you planned it that way.

Folinskyinla wrote:
    > Originally posted by Fjimen6
    >
    >>i came here as K-1 and i didnt marry my fiance, i am overstayed and
    >>living with
    >>a guy whom i wanted to marry. is it possible i can marry him
    >>eventhough my
    >>entry is different fiance. lawyer has told me i have to go back
    >>philippines and
    >>get a new petition. is there any other way, coz we are afraid that
    >>i cant be
    >>approved by the embassy in US because im overstaying.
    >
    >
    > Hi:
    >
    > Matta Hari's post is right on. You cannot adjust status in the US. You
    > must get your visa abroad. Been there, done that for clients. Just did
    > one like that in Warsaw.
    >
    > If you have been in the US for more than 270 days after entry, then you
    > have the 180 days of illegal status and you wil have the 3 year bar to
    > return and if here over 1 year, 90 days, then a 10 year bar.
    >
    > --
    > Certified Specialist
    > Immigration & Nat. Law
    > Cal. Bar Board of Legal Specialization
    >
    >
    > Posted via http://britishexpats.com

Steve

Also, since you have overstayed your K-1 (stupid thing to do) you will
probably not be granted another.

Steve wrote:
    > Yeah, you need to go back to the Phillipines. You must not have known
    > your 'fiance' very well before coming here, unless you planned it that way.
    >
    > Folinskyinla wrote:
    >
    >> Originally posted by Fjimen6
    >>> i came here as K-1 and i didnt marry my fiance, i am overstayed and
    >>> living with
    >>> a guy whom i wanted to marry. is it possible i can marry him
    >>> eventhough my
    >>> entry is different fiance. lawyer has told me i have to go back
    >>> philippines and
    >>> get a new petition. is there any other way, coz we are afraid that
    >>> i cant be
    >>> approved by the embassy in US because im overstaying.
    >> Hi:
    >> Matta Hari's post is right on. You cannot adjust status in the US. You
    >> must get your visa abroad. Been there, done that for clients. Just did
    >> one like that in Warsaw.
    >> If you have been in the US for more than 270 days after entry, then you
    >> have the 180 days of illegal status and you wil have the 3 year bar to
    >> return and if here over 1 year, 90 days, then a 10 year bar.
    >> --
    >> Certified Specialist Immigration & Nat. Law Cal. Bar Board of
    >> Legal Specialization
    >> Posted via http://britishexpats.com
    >
    >

Mrtravel

Darren wrote:
    >
    > You DESERVE to be deported !!!
    >
    > People like you come here, cheat the consulate and the INS,and
    > therefore,honest people have a hard time getting K-1 visas.

Do you really know her??
I suspect, like many people, she made an error.
After all, if she really was trying to cheat the system, she could have
married the guy.

    >
    > Too bad your original petitioner FIANCE couldn't see through your
    > bulls..
    >
    > I truly wish the INS never gives you an Adjustment of Status even if
    > you marry this new sucker !!
    >
    > [email protected] (FJimen6) wrote in message news:...
    > > i came here as K-1 and i didnt marry my fiance, i am overstayed and living with
    > > a guy whom i wanted to marry. is it possible i can marry him eventhough my
    > > entry is different fiance. lawyer has told me i have to go back philippines and
    > > get a new petition. is there any other way, coz we are afraid that i cant be
    > > approved by the embassy in US because im overstaying.

Mrtravel

Steve wrote:
    >
    > Also, since you have overstayed your K-1 (stupid thing to do) you will
    > probably not be granted another.

Bull.
She might not be able to get a tourist visa, but overstay won't stop her
from getting another K-1.
You're new here, huh?

Steve

Do we really need to know her? My fiance and I 'live and die' for each
other. We can't hardly stand to go a day without talking on the phone.
It is misery being apart. To us, we are already married to each other.
It amazes me how people can come here and need 90 days to decide to get
married or not. If you are doing it right, you'd be willing to get
married the first day after you arrive and not even think twice about it.

mrtravel wrote:
    >
    > Darren wrote:
    >
    >>You DESERVE to be deported !!!
    >>People like you come here, cheat the consulate and the INS,and
    >>therefore,honest people have a hard time getting K-1 visas.
    >
    >
    > Do you really know her??
    > I suspect, like many people, she made an error.
    > After all, if she really was trying to cheat the system, she could have
    > married the guy.
    >
    >
    >>Too bad your original petitioner FIANCE couldn't see through your
    >>bulls..
    >>I truly wish the INS never gives you an Adjustment of Status even if
    >>you marry this new sucker !!
    >>[email protected] (FJimen6) wrote in message news:...
    >>>i came here as K-1 and i didnt marry my fiance, i am overstayed and living with
    >>>a guy whom i wanted to marry. is it possible i can marry him eventhough my
    >>>entry is different fiance. lawyer has told me i have to go back philippines and
    >>>get a new petition. is there any other way, coz we are afraid that i cant be
    >>>approved by the embassy in US because im overstaying.

Steve

I'm sort of new, but are you an immigration attorney? I've had many
attorneys tell me that once you overstay a K-1, you are on the INS
blacklist. I'm only repeating what experts in the field have told me.
Are you an expert or have personal knowledge otherwise?

mrtravel wrote:
    >
    > Steve wrote:
    >
    >>Also, since you have overstayed your K-1 (stupid thing to do) you will
    >>probably not be granted another.
    >
    >
    > Bull.
    > She might not be able to get a tourist visa, but overstay won't stop her
    > from getting another K-1.
    > You're new here, huh?

Steve

By the way, I might be new here, but I went thru this K-1 process 9
years ago. I was married to a Russian woman for 8 years. So I have
some experience.

mrtravel wrote:
    >
    > Steve wrote:
    >
    >>Also, since you have overstayed your K-1 (stupid thing to do) you will
    >>probably not be granted another.
    >
    >
    > Bull.
    > She might not be able to get a tourist visa, but overstay won't stop her
    > from getting another K-1.
    > You're new here, huh?

Mrtravel

Steve wrote:
    >
    > I'm sort of new, but are you an immigration attorney? I've had many
    > attorneys tell me that once you overstay a K-1, you are on the INS
    > blacklist. I'm only repeating what experts in the field have told me.
    > Are you an expert or have personal knowledge otherwise?

Many attorneys make mistakes.
And yes, personal knowledge tells me otherwise

Andrew Defaria

Steve wrote:

    > Do we really need to know her?

Yes. As well as the facts involved before we judge and condemn her. This
is common sense.

    > My fiance and I 'live and die' for each other.

Good for you.

    > We can't hardly stand to go a day without talking on the phone. It is
    > misery being apart. To us, we are already married to each other. It
    > amazes me how people can come here and need 90 days to decide to get
    > married or not. If you are doing it right, you'd be willing to get
    > married the first day after you arrive and not even think twice about it.

Yeah and what if things are not exactly how they seemed on the phone and
the breif time period(s) you've managed to spend together? It is well
known that people put on their best faces in the beginning of a
relationship and many people seem to change after marriage or
cohabitation. Why is that?

Andrew Defaria

Steve wrote:

    > I'm sort of new, but are you an immigration attorney? I've had many
    > attorneys tell me that once you overstay a K-1, you are on the INS
    > blacklist. I'm only repeating what experts in the field have told me.
    > Are you an expert or have personal knowledge otherwise?

Try reading the actual law (ins.gov).

Steve

Please don't condemn me. I was just assuming that these attorneys had
read the law (which is not my job). Assuming from your post that you
have read the actual law, please tell us what it says.

Andrew DeFaria wrote:
    > Steve wrote:
    >
    >> I'm sort of new, but are you an immigration attorney? I've had many
    >> attorneys tell me that once you overstay a K-1, you are on the INS
    >> blacklist. I'm only repeating what experts in the field have told me.
    >> Are you an expert or have personal knowledge otherwise?
    >
    >
    > Try reading the actual law (ins.gov).
    >