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Marrying someone other than the petitioner of the Fiance Visa

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  • Marrying someone other than the petitioner of the Fiance Visa

    My friend petitoned a girl fro the Philippines and things are not going well. He plans NOT to marry her. My wife (a Filipina) has become friends with her and does not want to see her go back. She is going to introduce her to a few male friends at work for possible marriage. "Question!" if she does marry one of my wife's male friends will she still have to return to the Philippines, and if so what petition will her new spouse need to file, I-130???

    Thanks,
    George

  • #2
    There's alot of problems with the scenario. She has an I-94 that expires after 90 days, so there's the overstay/out of status problem if she doesn't return to her country before then.

    She can't adjust status now by marrying a new man because it has to be based on an approved petition (the original petitioner.)

    If she married a new man and he filed a spouse petition I-130, there's the problem of the previous I-129. It screams of marrying for a green card...I'll take any man just to stay in the US. So the whole thing would be suspect to the USCIS for getting new petitions approved.

    How long does it take to fall in love with a new man and get the paper work done? An over stay of 180 days can incur a 3 year ban from the US. A year overstay can be a 10 year ban.

    It's probably been done before, but sounds like an expensive, slippery slope with risks of being banned. This is where an experience immigration attorney is needed, not a forum of strangers who could tell you anything whether it's accurate or not.

    Comment


    • #3
      She can not marry another man, she has to return to her home country and then start applying for a new K1 visa... Do not even think of doing this in the USA. She will be deported and any chance for her to return to the US will be slim to none.

      I do not condone marrying for a GC, so that you wife can have a Philippine friend? that is is plain stupid. Her I-94 will expire soon and if things are not going to work with the original sponsor, then she needs to go home before she overstays that visa, or she most likely will not get another one.

      The Immigration system is not setup so that, we can have friends or so we can just stay in the US and so we marry another USC for it... it is meant to keep families together.
      Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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      • #4
        Thanks for the speedy help. I didn't think she could stay but that was what she (the young lady) thought possible, and no it was not that my wife needed "another" filipina friend, she just thinks (and me too) she is better off here than there! I'll pass on the information.

        Thanks,
        George

        Comment


        • #5
          I need a Friend to talk to

          Hi,I am a filipina also just like your wife,i just got married, if your wife is looking for a filipina friend,i'm just here.thanks



          Originally posted by csosdny View Post
          Thanks for the speedy help. I didn't think she could stay but that was what she (the young lady) thought possible, and no it was not that my wife needed "another" filipina friend, she just thinks (and me too) she is better off here than there! I'll pass on the information.

          Thanks,
          George

          Comment

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