failed K-1. options available?

Old Feb 10th 2001, 1:35 pm
  #1  
Sir Robin of Loxley
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Hi, I recently was notified that a friend of mine who came to the US with the intention to
marry (K-1), never reached the altar. Apparently there were several problems related to
drinking, emotional and physical abuse, etc. She had already gotten a drivers license,
social security card, and a job before the breakup. She has been in the US for 5 months
and is not sure of her future or what to do next. She would like to stay in the US if at
all possible. My questions are these: 1. Is she an out of status alien(ie an illegal
alien)? 2. Must she return home immediately or run the risk of never being able to come
here again? I would appreciate any advice you could give me to pass along to her!! I
appreciate the comments and/or suggestions, Regards, Mike
 
Old Feb 10th 2001, 2:40 pm
  #2  
billypilgrim
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I might suggest that this would possibly be a good example of when an immigration attorney
might be consulted. I've seen things online regarding what to do if the marriage fails
before citizenship is attained, but haven't come across anything about if the problems
occur before the marriage.

Right now her psychological and physical well being is the most important thing, if she is
coming out of an abusive relationship. I wish her well.

----------

> Hi, I recently was notified that a friend of mine who came to the US with the intention
> to marry (K-1), never reached the altar. Apparently there were several problems related
> to drinking, emotional and physical abuse, etc. She had already gotten a drivers
> license, social security card, and a job before the breakup. She has been in the US for
> 5 months and is not sure of her future or what to do next. She would like to stay in the
> US if at all possible. My questions are these: 1. Is she an out of status alien(ie an
> illegal alien)? 2. Must she return home immediately or run the risk of never being able
> to come here again? I would appreciate any advice you could give me to pass along to
> her!! I appreciate the comments and/or suggestions, Regards, Mike
 
Old Feb 10th 2001, 11:02 pm
  #3  
Alvena Ferreira
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Sir Robin of Loxley wrote:
> I recently was notified that a friend of mine who came to the US with the intention
> to marry (K-1), never reached the altar. Apparently there were several problems
> related to drinking, emotional and physical abuse, etc. She had already gotten a
> drivers license, social security card, and a job before the breakup. She has been in
> the US for 5 months and is not sure of her future or what to do next. She would like
> to stay in the US if at all possible. My questions are these: 1. Is she an out of
> status alien(ie an illegal alien)? 2. Must she return home immediately or run the
> risk of never being able to come here again? I would appreciate any advice you could
> give me to pass along to her!!

She has no options for an abuse claim related to the immigration because she has not
married. Additionally, should she decide to adjust status on some other basis, or even
marriage to another US citizen, she can NOT do this, because the k-1 is VERY specific and
states that you can ONLY adjust status based on marriage to the original peittioner.

Therefore, she would be wise to leave the US before falling over 179 days out of status,
in order to not be subject to a ban if she ever wants to return to the US in the future.
She is not eligible for any kind of adjustment of status as things stand now, NOT EVEN
with the current 245i exception to the law.

alvena marriage visa pages at: http://www2.apex.net/users/thehydes
 
Old Feb 10th 2001, 11:16 pm
  #4  
Grinch
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| I might suggest that this would possibly be a good example of when an immigration
| attorney might be consulted. I've seen things online regarding what to do if the
| marriage fails before citizenship is attained, but
haven't
| come across anything about if the problems occur before the marriage.

It would be completely pointless consulting an immigration attorney. She may only adjust
status based on marriage to the person who petitioned for her. So her choices are to
return or remain illegal.

Grinch
 
Old Feb 11th 2001, 1:47 am
  #5  
Sir Robin of Loxley
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Thank you all for your comments. I will pass along this info. Again, thank
you!!..........Mike

> Hi, I recently was notified that a friend of mine who came to the US with the intention
> to marry (K-1), never reached the altar. Apparently there
were
> several problems related to drinking, emotional and physical abuse, etc.
She
> had already gotten a drivers license, social security card, and a job
before
> the breakup. She has been in the US for 5 months and is not sure of her future or what
> to do next. She would like to stay in the US if at all possible. My questions are these:
> 1. Is she an out of status alien(ie an illegal alien)? 2. Must she return home
> immediately or run the risk of
never
> being able to come here again? I would appreciate any advice you could
give
> me to pass along to her!! I appreciate the comments and/or suggestions, Regards, Mike
>
 
Old Feb 11th 2001, 1:48 am
  #6  
Sir Robin of Loxley
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Thank you all for the valuable comments. I will pass this along. Again, thank
you!!.............Mike

> Hi, I recently was notified that a friend of mine who came to the US with the intention
> to marry (K-1), never reached the altar. Apparently there
were
> several problems related to drinking, emotional and physical abuse, etc.
She
> had already gotten a drivers license, social security card, and a job
before
> the breakup. She has been in the US for 5 months and is not sure of her future or what
> to do next. She would like to stay in the US if at all possible. My questions are these:
> 1. Is she an out of status alien(ie an illegal alien)? 2. Must she return home
> immediately or run the risk of
never
> being able to come here again? I would appreciate any advice you could
give
> me to pass along to her!! I appreciate the comments and/or suggestions, Regards, Mike
>
 
Old Feb 11th 2001, 10:20 am
  #7  
billypilgrim
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I suppose it depends on her status at home, doesn't it? Is she in danger if she goes home?
Was she fleeing something there and marriage was the fastest way out? Can she claim
refugee status? Are there other factors involved? These are things I don't know, which is
why I made the suggestion. Immigration attorneys are there for a reason, and if the law
was cut and dried on every case (and all answers could be found online), these attorneys
would have no reason to exist.

Best of luck, regardless. Beth

----------
in message

> | I might suggest that this would possibly be a good example of when an immigration
> | attorney might be consulted. I've seen things online regarding what to do if the
> | marriage fails before citizenship is attained, but
> haven't
> | come across anything about if the problems occur before the marriage.
>
> It would be completely pointless consulting an immigration attorney. She may only adjust
> status based on marriage to the person who petitioned for her. So her choices are to
> return or remain illegal.
>
> Grinch
 
Old Feb 11th 2001, 10:49 am
  #8  
Grinch
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> I suppose it depends on her status at home, doesn't it? Is she in
danger if
> she goes home? Was she fleeing something there and marriage was the
fastest
> way out? Can she claim refugee status? Are there other factors
involved?
> These are things I don't know, which is why I made the suggestion. Immigration attorneys
> are there for a reason, and if the law was cut
and
> dried on every case (and all answers could be found online), these
attorneys
> would have no reason to exist.
>
> Best of luck, regardless. Beth

You make a good point. We have seen many cases in this group where the relationship has
broken down before the marriage. People have asked if marrying someone else would keep
them in status. I have no idea about refugee stuff....Maybe Gani knows??

Grinch
 
Old Feb 11th 2001, 11:23 am
  #9  
paulgani
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> You make a good point. We have seen many cases in this group where the relationship has
> broken down before the marriage. People have asked if marrying someone else would keep
> them in status. I have no idea about refugee stuff....Maybe Gani knows??

If you are outside of the U.S., you claim refugee status. If you are already inside the
U.S., you claim asylum. Otherwise, they're pretty much the same.

The INS stats show a slighter higher number of people adjusting from a K-1, compared to
spouses of USC adjusting from a K-1. The difference is less than a hundred, if I recall
correctly. I suspect the difference is due to successful Asylum claims or VAWA claims.

We know VAWA is an alternate way to adjust from a K-1. I don't know for sure that Asylum
permits it, but I DO know that you can claim Asylum even if you enter the U.S. with fake
documents and they catch you at the airport. So, I'd say that they probably let failed
K-1ers do it too.

Paulgani
 

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