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Author Topic: My Disastrous Experience with K1 Visa(s)  (Read 1090 times)

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Offline justadude

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My Disastrous Experience with K1 Visa(s)
« on: March 31, 2019, 08:13:37 PM »
Although my story has been told and tossed about at length, I thought it might be nice to summarize it, in hopes that it can be of more help to others.

In early December of 2016 I met a girl in Kiev on Tinder. I flew there to meet her at the new year. We spent 10 days together. At the end of that time I proposed. She accepted and I obtained a K1 fiance visa for her. While the visa was in the works, I found out that she was a smoker, something she had withheld from me. I called off the engagement and canceled the visa. Nevertheless, I visited her in Kiev again during spring break 2017. At one point she was so stressed out about the situation that she became unwillingly institutionalized in a mental hospital. Last I heard she was doing OK.

During summer of 2017 I spent 7 weeks in Ukraine teaching English. At the end of the stay I met another Ukrainian girl on Tinder. I went back to see her around the new year. We took a trip to Lviv. I proposed to her and she said yes. I applied for and obtained a K1 fiance visa for her. She arrived in the US in November of 2018.

While I was waiting for her visa to be approved, I got involved with a local girl. I related this information to my fiance, along with other things that might make it difficult for us to succeed, not the least of which is that I am a vegetarian.

Nevertheless, she wanted to try. Soon after she arrived, I told her it was not going to work. She stayed for about 70 days of the 90 allowed. She left to return home. I gave her a bit over $5000 to help her get back on her feet. She had had a good career, which she abandoned to try to make a life with me. I have not heard from her in a while. The last I did she was depressed and had lost a lot of weight but seemed to making some positive strides (i.e., seeking help)

I made these big mistakes which cost two women dearly. Neither woman was ever trying to scam me. However, I will relate that some of the attitudes that I have heard typify Eastern European women about money (i.e., that a man should give it to a woman and that she should depend on him) do ring true with these experiences.

I think I could have made things work with the second girl, if I wasn't me. However, I am me. One of the things that make me who I am is worry about the future. In order to marry an immigrant and adjust her status to permanent resident (green card), one must file an affidavit of support, I864. This form obligates the sponsor (me in this case) to provide for the immigrant for life until one or more of the following 4 things occurs. The sponsor dies, the beneficiary dies, the beneficiary earns 40 quarters of social security benefits (works 10 years) or the beneficiary leaves the country and renounces residency. Notice that divorce is not on the list nor is there any expiration date. I was "freaked out" by the implications of this, and it played a major role in my decision.

I doubt that my story will directly relate to anyone else. It appears that I am so different from others that my experiences just don't translate. Nevertheless, some of the bits and pieces might be useful to someone.

Online Guile

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Re: My Disastrous Experience with K1 Visa(s)
« Reply #1 on: March 31, 2019, 09:53:00 PM »
So even if you divorce her you gotta pay support for the rest of her life?! God bless America!! hahahhaha

Offline SL0413

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Re: My Disastrous Experience with K1 Visa(s)
« Reply #2 on: April 01, 2019, 09:16:55 AM »

I think I could have made things work with the second girl, if I wasn't me. However, I am me. One of the things that make me who I am is worry about the future. In order to marry an immigrant and adjust her status to permanent resident (green card), one must file an affidavit of support, I864. This form obligates the sponsor (me in this case) to provide for the immigrant for life until one or more of the following 4 things occurs. The sponsor dies, the beneficiary dies, the beneficiary earns 40 quarters of social security benefits (works 10 years) or the beneficiary leaves the country and renounces residency. Notice that divorce is not on the list nor is there any expiration date. I was "freaked out" by the implications of this, and it played a major role in my decision.


True, but not quite true.  I-864 creates a contract between the petitioner and the US government that the petitioner will support the person applying for permanent residency.  If the US government approves the application and allows the beneficiary to become a US citizen partially based on the I-864 form, then the petitioner is obligated to provide support equivalent to 125% of the poverty level.  If the beneficiary becomes a public charge, requiring Federal/State/Local aid, then those agencies can sue the I-864 applicant for the costs incurred.  The I-864 contract terminates if and when the beneficiary or applicant dies, the beneficiary looses permanent resident status and has departed the US, the beneficiary is subject for removal, the beneficiary has worked for 40 quarters, or the beneficiary becomes a US citizen (can take the citizenship test 5 years after gaining permanent resident status).

Note that after a marriage and divorce, if the wife attains alimony, then the public charge issue does not come into effect if the alimony amount is equal to or greater than 125% of the poverty level - currently $15,613 per year.  $1,302 per month.


Online yankee

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Re: My Disastrous Experience with K1 Visa(s)
« Reply #3 on: April 01, 2019, 10:21:22 AM »
Although my story has been told and tossed about at length, I thought it might be nice to summarize it, in hopes that it can be of more help to others.

In early December of 2016 I met a girl in Kiev on Tinder. I flew there to meet her at the new year. We spent 10 days together. At the end of that time I proposed. She accepted and I obtained a K1 fiance visa for her. While the visa was in the works, I found out that she was a smoker, something she had withheld from me. I called off the engagement and canceled the visa. Nevertheless, I visited her in Kiev again during spring break 2017. At one point she was so stressed out about the situation that she became unwillingly institutionalized in a mental hospital. Last I heard she was doing OK.

During summer of 2017 I spent 7 weeks in Ukraine teaching English. At the end of the stay I met another Ukrainian girl on Tinder. I went back to see her around the new year. We took a trip to Lviv. I proposed to her and she said yes. I applied for and obtained a K1 fiance visa for her. She arrived in the US in November of 2018.

While I was waiting for her visa to be approved, I got involved with a local girl. I related this information to my fiance, along with other things that might make it difficult for us to succeed, not the least of which is that I am a vegetarian.

Nevertheless, she wanted to try. Soon after she arrived, I told her it was not going to work. She stayed for about 70 days of the 90 allowed. She left to return home. I gave her a bit over $5000 to help her get back on her feet. She had had a good career, which she abandoned to try to make a life with me. I have not heard from her in a while. The last I did she was depressed and had lost a lot of weight but seemed to making some positive strides (i.e., seeking help)

I made these big mistakes which cost two women dearly. Neither woman was ever trying to scam me. However, I will relate that some of the attitudes that I have heard typify Eastern European women about money (i.e., that a man should give it to a woman and that she should depend on him) do ring true with these experiences.

I think I could have made things work with the second girl, if I wasn't me. However, I am me. One of the things that make me who I am is worry about the future. In order to marry an immigrant and adjust her status to permanent resident (green card), one must file an affidavit of support, I864. This form obligates the sponsor (me in this case) to provide for the immigrant for life until one or more of the following 4 things occurs. The sponsor dies, the beneficiary dies, the beneficiary earns 40 quarters of social security benefits (works 10 years) or the beneficiary leaves the country and renounces residency. Notice that divorce is not on the list nor is there any expiration date. I was "freaked out" by the implications of this, and it played a major role in my decision.

I doubt that my story will directly relate to anyone else. It appears that I am so different from others that my experiences just don't translate. Nevertheless, some of the bits and pieces might be useful to someone.

If she becomes a US citizen also.
What is worse than not being able to get what you don't even want?

Offline Omega1982

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Re: My Disastrous Experience with K1 Visa(s)
« Reply #4 on: April 02, 2019, 12:34:04 AM »
This is a tough pill for me to swallow.  Forty quarters might take more than ten years if the woman is between jobs or simply lazy. 

Can our friends from Britain and Europe tell us how this works over there? 

If we have any Canadian or Australian members it would also be interesting to read. 

It's not a matter of justadude worrying too much, this can derail his retirement. 

Offline Omega1982

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Re: My Disastrous Experience with K1 Visa(s)
« Reply #5 on: April 02, 2019, 12:38:08 AM »
Basically this law, plus the fake domestic abuse charges, the possibility of a prenup not holding up, and alimony really make this venture quite difficult for Americans.   

This is a topic I've been interested in for a long time.  It seems that if the man has professional skills that are transferrable, or works for an international organization which allows a relocation, or is retired and can move to Russia this might be a better option.  If things don't work out or the man wants to come back he can always come back. 

I have a friend of the family which lives six months in Spain and life is much less stressful and more entertaining than here in America.  I personally love Europe and Russia. 

Can anyone familiar with the topic and or law, tell us if it would be beneficial for the man to move to Russia if it were possible? 

Spasiba Bolshoi. 

Online andrewfi

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Re: My Disastrous Experience with K1 Visa(s)
« Reply #6 on: April 02, 2019, 06:33:25 AM »
How many of the women that an American might target as a bride would marry that guy if he was in Ukraine? Let us exclude Russia at this time because it is clear that this market is effectively dried up for all except those with the most attractive packages. The attractive package almost certainly includes moving to the Home of the Brave.

Ukraine still seems to be somewhat open, for the same reason that Russia was a decade and a half ago.

You're back to the 'if you can't do it over here then you sure as sh!t won't do it over there' thing.

So, there's little to no benefit to living over in Ukraine to be with your little love bunny because that just makes your offer less attractive. As women were wont to say a few years ago (and probably still do say today): I can marry a poor man any time I want, why would I choose one I can't even speak to?
...everything ends always well; if it’s still bad, then it’s not the end!

Online redroo

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Re: My Disastrous Experience with K1 Visa(s)
« Reply #7 on: April 02, 2019, 06:38:28 AM »
OK, the Australian situation is as follows:
 
A foreign wife can arrive on a 9 month Fiance Visa. If the marriage goes ahead then she is a Temporary Resident for 2 years, and NOT eligible for any Government Assistance. So you must have specific private health insurance, pay any education expenses at the International Student rate etc. She will get free english lessons, but that's about all she will get free. You must support her completely at no expense to the government. She will not be eligible for Unemployment benefits if she can not find a job.

After 2 years Temporary Residency, you can apply for Permanent Residency, and when granted your partner then is treated equally as an Australian Citizen. If you break up during this period she can apply to stay in Australia without your "sponsorship". During this time you can come and go from Australia as you please, ie; multi-entry visa.

After 5 years residency (with the last 2 mostly "in-country"), and english competency, she can apply to become a citizen

Divorce is "no fault", you must ONLY prove 12 months physical separation.
You can make a Financial Agreement, and Parenting Plan, BEFORE your divorce, or wait for the Family Court to enforce one/both.

Under Australian law there is no difference between a "lawful" marriage and a "common law" marriage (ie: living together as partners). If you divorce a "lawful" wife, or leave a "common law" wife (live-in girlfriend for more than 12 months), they are eligible to claim up to 1/2 the assets of the marriage if you do not have children together. YES, up to 1/2. If you do not make a personal agreement between you both with separate lawyers, then the Family Court will decide for you.

If you have children, then it can be more in terms of division of assets, and you will be paying a Family Court decided amount of monthly Child Support until your children turn 18yrs.

Prenups, or Financial Agreements, do exist....BUT..... the Family Court will decide if they were "fair" and/or obtained under duress. As an example, there was a recent case where an agreement was overturned when the ex-wife claimed duress and the court agreed. The claim was she was in Australia, the wedding was days away, her family were in transit for the event, and she was presented with a "take it or leave it" document and told to sign or the wedding was off. He was a Millionaire and was trying to give her nothing.
There are examples of agreements being upheld where the both partners had their OWN lawyers, the agreements were deemed "fair" (ie a sliding financial agreement based on years together), and the woman had signed the translated document in her own language as well as english. It is possible to protect your previously gained assets as long as you go about it openly, but anything gained from your time together will be split.

You have kids together......all bets are off.

If you refuse to pay your monthly CS (or fall behind and your ex-partner makes a claim to the relevant agency), then you can be refused exit from Australia. 100s of (mainly) men are being turned back at the Airport as they attempt to go on holidays or business until they clear the arrears.

Forgot one thing....any child with ONE Australian citizen parent, born no matter where in the world, can claim Australian Citizenship

Online yankee

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Re: My Disastrous Experience with K1 Visa(s)
« Reply #8 on: April 02, 2019, 09:42:49 AM »
This is a tough pill for me to swallow.  Forty quarters might take more than ten years if the woman is between jobs or simply lazy

Can our friends from Britain and Europe tell us how this works over there? 

If we have any Canadian or Australian members it would also be interesting to read. 

It's not a matter of justadude worrying too much, this can derail his retirement.

My wife had chosen to be a dental assistant (hard to get a job as a college professor).   No one wants to pay for health insurance so part time is the best you can get.  So, yes, it will take more than 10 years to get 40 quarters. My wife, on average, worked for 4 dental surgeons at a time (all part time).  Most of the guys on this site do not work four different jobs at one time, so who is lazy?
What is worse than not being able to get what you don't even want?

Online dcguyusa

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Re: My Disastrous Experience with K1 Visa(s)
« Reply #9 on: April 03, 2019, 04:51:25 PM »
I have had experience with the Affidavit of Support filing (I-864) with USCIS for a foreign spouse and other relatives. The main premise of this form is to prevent the alien from becoming a public charge with the US Government (welfare, SSI, financial assistance).  It is assumed that the US spouse/sponsor will bear the burden of the cost of living of the foreign spouse/relative during their stay here.  I am not sure if the obligation is in force until the death of either party if the beneficiary status never changes (remains a permanent resident until death).  I have alien relatives who live here and receive SSI payments and subsidized housing and the sponsor is no longer obligated to provide support after they entered the country many years ago.  My former foreign spouse has worked for over 10 years and also was naturalized, so I have no financial ties with the former spouse.  She did not wish to go through the fiancée visa (K1) process (90 day of seeing if the marriage would happen or not).  She was going to quit her job and returning back to her country meant no job was waiting if you returned.  I understood the sacrifice that foreign people make when leaving their native land.  The final court decree stated no financial support from either party (because the marriage period did not exceed ten years) and both parties requested none.  Since we both are citizens, the issue with past USCIS filings no longer applies.

So if I was able to do it over again, would I? Probably yes.  And change the course of history.   :duh:

P.S.  A smoker is a major no-no for me.  My granduncle smoked cigars and my father smoked cigarettes.  Luckily, my father quit on his own before I reached my teen years.  I used to ride cross country buses with smokers on board.  I would vomit after inhaling the second hand smoke.   :sick0012:
An uninformed opponent is a dangerous opponent.

"Y'all be makin shit up" ~ Markeith Loyd

Online dcguyusa

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Re: My Disastrous Experience with K1 Visa(s)
« Reply #10 on: April 03, 2019, 05:04:18 PM »
So even if you divorce her you gotta pay support for the rest of her life?! God bless America!! hahahhaha

For my situation, 100% absolutely false.
An uninformed opponent is a dangerous opponent.

"Y'all be makin shit up" ~ Markeith Loyd

Offline BillyB

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Re: My Disastrous Experience with K1 Visa(s)
« Reply #11 on: April 06, 2019, 10:17:17 AM »

I think I could have made things work with the second girl, if I wasn't me. However, I am me. One of the things that make me who I am is worry about the future. In order to marry an immigrant and adjust her status to permanent resident (green card), one must file an affidavit of support, I864. This form obligates the sponsor (me in this case) to provide for the immigrant for life until one or more of the following 4 things occurs. The sponsor dies, the beneficiary dies, the beneficiary earns 40 quarters of social security benefits (works 10 years) or the beneficiary leaves the country and renounces residency. Notice that divorce is not on the list nor is there any expiration date. I was "freaked out" by the implications of this, and it played a major role in my decision.


Risk vs reward. Find a quality woman and the reward is greater than any risk.

Online andrewfi

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Re: My Disastrous Experience with K1 Visa(s)
« Reply #12 on: April 06, 2019, 10:48:36 AM »

Risk vs reward. Find a quality woman and the reward is greater than any risk.

But first, put your own house in order! If one is not ready for a relationship then it is unlikely that a successful outcome to any search or courtship will be possible.

As somebody, unknown to me, but much wiser than I said - in order to be loved, first you must love yourself.
...everything ends always well; if it’s still bad, then it’s not the end!

Offline BillyB

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Re: My Disastrous Experience with K1 Visa(s)
« Reply #13 on: April 06, 2019, 12:03:54 PM »
But first, put your own house in order! If one is not ready for a relationship then it is unlikely that a successful outcome to any search or courtship will be possible.


That is true. Women will evaluate the risk vs reward on men too. The more problems a guy has, he himself becomes a risk instead of reward.

Offline Manny

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Re: My Disastrous Experience with K1 Visa(s)
« Reply #14 on: April 07, 2019, 09:11:18 AM »
Under Australian law there is no difference between a "lawful" marriage and a "common law" marriage (ie: living together as partners). If you divorce a "lawful" wife, or leave a "common law" wife (live-in girlfriend for more than 12 months), they are eligible to claim up to 1/2 the assets of the marriage if you do not have children together. YES, up to 1/2.

How odd. A live in girlfriend gets half your stuff after a year in Oz?  :o
please tell me where I'm being / have been 'dishonest'? 
Yes, he said that.........


 

 

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