K-1 Visa......How many times?

[Travis]

I was under the impression that the K-1 visa is a one time shot. Is this the case? If a RW comes here on a K-1 visa then is divorced in a few months and ordered to leave the country, can she then return to Russia and start the K-1 process over again with someone else?

One more question for anyone that knows. I have looked and looked at the INS website and I cannot find any information regarding divorce. I think I am supposed to notify INS of a divorce but they don't say how. I want to try and remove the AOS burden but I really don't know where to begin. Does anyone know how to begin this process?

[Mike]

... in response to K-1 Visa......How many times?, posted by Travis on Dec 22, 2002

As of now I know of no limit of K-1 visa per person. My cousin has brought 2 girls here and canceled another one after it was sent to Warsaw. As for the women as long as they go home within the proper time frame they can also do it over. As for responsability of a women after you've broken up there isn't much to worry about. I've never heard of the government coming after anyone for money because most states require that any assistance only be given to U.S.citizens. So they don't qualify for anything that will come back on you, and if she is gone from you how can you assist, or control her actions, thus you have a loop hole to jump through.

Mike

[Travis]

... in response to Re: K-1 Visa......How many times?, posted by Mike on Dec 23, 2002

In my case we actually married and I filed for divorce 61 days later. She now has to leave the country. She hasn't put forth any effort into the marriage because she just assumes she'll go back to Russia and start all over. She tried the fraudulant abuse cr@p and everything else...except for working on our relationship. Of coarse she wants me to support her while she's there. I'm still thinking that one over.

[John F]

... in response to K-1 Visa......How many times?, posted by Travis on Dec 22, 2002

My wife and I are very good friends with another AM/RW couple.  The lady has a sister who came to the USA on a fiancee visa and then returned to her home in Russia and got a divorce when she decided her new husband was a lunatic and she didn't want to spend a lifetime with him.  She later began corresponding to a different American man, returned to the US under a fiancee visa sponsored by the second man, and she has been happily living here for about a year now.

So, the answer to your question is yes, she can return to Russia and start the process over again with a different man.

[John LV]

... in response to K-1 Visa......How many times?, posted by Travis on Dec 22, 2002

You're going through a divorce too?

I'm right there with you, the other day I went down to the INS and signed an I-130 "withdrawal" form, since my wife has her "conditional permanent residency" card.

I was told by the INS officer that this will do little good, my wife will still be able to remain in this country virtually no matter what.

I was told that when I get a divorce from my wife, that I should send the INS a copy of this divorce.

And that's basically it, there really is not much to it.

I'm sure others here can give much better advice than I can, I'm still going through this whole process of divorce, and as of yet I still have not filed for divorce, although I will do so after the 1st of January.

I'm sorry to hear about your divorce, I think a lot more failures happen with these marriages then people wish to admit.

Good luck to you Travis.

[Travis]

... in response to Re: K-1 Visa......How many times?, posted by John LV on Dec 22, 2002

Yep, I filed for divorce 61 days after we married. It is final about the 20th of January. She was ordered to leave the country, not by INS, but by the judge in divorce court. Thanks for the info, I'll submit an I-130 also, as soon as the divorce is final. Good luck to you!

[Mike]

... in response to Re: Re: K-1 Visa......How many times?, posted by Travis on Dec 23, 2002

She must have a bad lawyer?? If she goes back because a judge said to then she isn't much of a fighter. She can petition to stay here and over-ride him. I wouldn't be surprised if she tries to stay. If I were you I would fly her back as fast as you can and give her anything she wants before leaving (or at least make her think she's getting it)

Mike

[Travis]

... in response to Re: Re: Re: K-1 Visa......How many times..., posted by Mike on Dec 24, 2002

her best friend fancies herself as a pretty good attorney though she doesn't have a law degree and has only been in the states for two years. Her friends also think they give really good marital advice. I don't think she is going to try and stay here. I think her plans are to go back to Russia and restart the whole process. But believe me, I am trying to help her leave just as soon as possible. I'm actually under court order to buy her a ticket within 30 days.

[Mike]

... in response to She does have a bad lawyer, , posted by Travis on Dec 24, 2002

I'd sell my first born if I was you in order to buy a ticket as fast as possible! There may be something to think about first. There may be troubles or a big slow down for her to try and come here again if her passport is stamped when leaving for being here past 180 days and she and you didn't complete your adjustment of statis?? I'm just guessing though, so you may want to calculate how many days she's been here and see if it's over 180 days and if not maybe make the ticket depart on a date after she's been here that long. Again it's a long shot but it seems to me that when she leaves she'll only have the k-1 visa and the date she entered the states and this may come up as an over stay violation. That is if you're wanting to throw a wrench in her fan.

Mike

[John LV]

... in response to Re: K-1 Visa......How many times?, posted by John LV on Dec 22, 2002

Here is my type of girl.

http://www.khersonrose.com/526.htm

[John LV]

... in response to Re: Re: K-1 Visa......How many times?, posted by John LV on Dec 22, 2002

Ooops, I didn't see her age, yikes!

[greg2]

... in response to Re: K-1 Visa......How many times?, posted by John LV on Dec 22, 2002

if it is a universal truth that the ins does not send women back who came here with an agenda (not commenting on this case)- the word gets back to these fsu ladies that such is the case -- thus the ins position actually increases scammers and thus emotional and financial burden - to what degree? - i think a lot myself.

But, then again, i have not read the policy that the ins is supposed to follow. from what i have read here, i get the impression that they do not follow policy but do as they please.

if this is the case, it seems to me that they legally take responsibility for hardship that american men might suffer because of such. in that light, it also seems that a class action suit against the ins for damages is in order.

does anyone know where one can get the policy to read via computer that the ins is supposed to follow?

[BarryM]

... in response to imho, posted by greg2 on Dec 22, 2002

the INS does recognize that people get divorced. There is no such thing as a alien woman having to spend 2 years married to a lunatic before she can get her permanent residency. There doesn't even have to be charges of domestic abuse on the husband for a divorcing wife to stay. Only if there is evidence of a sham marriage for a visa will she be deported. If one were to record on tape the visa fox saying that she only married for the visa, that would be evidence of fraud. Otherwise, it's extremely hard to prove visa fraud in a lot of these cases. All the alien woman has to say is that her ex-husband is a creep and then she gets to stay automatically. That's the way it goes. As a matter of fact, if the visa fox were to face deportation, her ex-husband is obliged by law to pay for the attorney to defend her.

The moral of the story: Choose your fiancee wisely, and don't be a creep.
DSD failed at both of those.

-blm

[Travis]

... in response to Actually,, posted by BarryM on Dec 22, 2002

What I have is a copy of an email my wife wrote to a friend two weeks after we married stating that she was upset because she has not been able to find a boyfriend. She admitted this in court but said she wrote it only because she was mad at me. I never believed she was only angry and neither did the judge. What INS will do with this I have no idea. My contention is that she did not marry me with the intent to stay married, only to get a green card. By INS rules, what she did was enter into the marriage NOT in good faith, but only to circumvent US immigration laws. She shouldn't be permitted to do this again. Maybe I was lucky and saw what her true intentions were very early. If she is allowed to do this again, maybe she will be better at hiding her intentions and eventually rake some other poor guy over the coals as she has tried to do to me. You know what they say, practice makes perfect!

[BarryM]

... in response to Re: Actually,, posted by Travis on Dec 23, 2002

as you're not on the hook for supporting her after the divorce, it doesn't matter. That's the big issue. You may have to defend yourself with the INS if they allow her to stay and you have to pay her way.

-blm