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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105647
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Type Your Immigration Law Question Here...A friend of mine

Customer Question

Type Your Immigration Law Question Here...A friend of mine came to to the U. S. by fiancee visa, K-1 visa but no long want to marry the petitioner. She wants to marry to someone else. What does she need to do?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

That's not possible for her to do that. That's why the K-1 and K-3 are two of the worst visas to have. She has to leave the U.S. Let me ask a few questions. When did she enter the U.S.? What country is she from? Will she be able to prove that the first relationship was real and the second relationship is also real especially taking into consideration that both relationship are so close together in time? It just really looks like she is desperate to stay in the U.S. and is looking for any way to do so. I'm just trying to be honest. I am on her side, the USCIS officers will not be. So please let me know the responses to those questions and I will try to help.

Customer: replied 11 months ago.
Her visa is going to expired this month. She will be able to approve the relation ships are real. The petitioner is an abuser.
Customer: replied 11 months ago.
Should she stay in the U. S. while waiting for the second application being approved?
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

How will she prove both relationships were real? Don't think that it looks very strange that first she is in love with someone (current fiancée) and suddenly, she meets someone else in the U.S., another U.S. Citizen and she is now in love with this new person so quickly? Also, you did not answer, what country is she from? And has she reported the abuse to the police?

Customer: replied 11 months ago.
She is from Vietnam. No, she has not reported anything to the police.
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

And how will she prove that both relationships are real? It just looks very suspicious.

Customer: replied 11 months ago.
It is just real. While she was going through the hardship with the abusive fiancee she runs into another person. The second person is willing to marry her. I know it sounds to quick but it is what happened. What could she do to approve it?
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Well, first, she CANNOT marry another U.S. Citizen to be able to use that marriage to stay. This is not allowed when someone comes into the U.S. on a K-1. There are no exceptions to this. So she would have to leave the U.S. on time and the new U.S. Citizen would have to file a new I-129F petition for her so she could get a new K-1 to come to the U.S. OR, the new U.S. Citizen can marry her and file an I-129F or I-130 to do a K-3 or CR-1 immigrant visa. But either way, she MUST leave the U.S. on time to be able to process outside. Plus she would also have to prove that the new relationship is real.

Really, there are only two ways under her current status for her to stay in the U.S. at this time and neither of them would have to do with a new relationship:

1) She would apply for Asylum and prove that she was being persecuted in Vietnam because of her race, nationality, religion, social group or political opinion, or

2) She would have to report the abuse to the police and help the police and/or prosecutor and then apply for a U visa that can eventually lead to a green card.

Here are links to information on both options:

http://www.uscis.gov/humanitarian/refugees-asylum/asylum

http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status

I am truly sorry, but the K-1 is one of the worst visas to have. If she doesn't take one of those two options, then she will need to leave the U.S. to process to come back again on another K or other visa.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello Van. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Thank you for your kindness and respect. Good luck to you.