Cold feet within 90 days (merged)

[josmith 1]

Hi everybody. I'm currently in the US after having come here from the EU on a K1 visa. We have not yet been married as I was hesitant to rush and now that the 90 days are nearing an end, I am having second thoughts.

What should I do?

What happens if I leave within the 90 days? Will it make travelling to the US again more difficult? What if my fiancee and I get back together in a few years time and we want to apply for K1 again? Or if I meet someone else and want to apply with them?

Edited June 3, 2016 by josmith

[Pitaya 2,576]

~moved from k1 process to effects of major family changes on immigration benefits~

~similar topics are often discussed at this forum~

[EmilyW 1,222]

Don't marry if you aren't 100% sure. Things won't get better just because of a couple of rings.

[Rc123rc 528]

Too many doubts. I think you have your answer already. We can't and shouldn't help you make this decision. If you leave, it's a K-1 all over again. Good Luck.

[Merrytooth 5,748]

If you leave by the date in your I-94, no overstay, should be able to visit US again with VWP.

[Beth & Achraf 328]

if your not sure, don't marry and return home. As for filing in future IF things work out later , all you can do is try and tell USCIS why you went through K1 process and why you did not marry, honesty is the best policy. As for doing a K1 with someone else , again, honesty is the best policy, its their decision to approve or not.

What ever you do now, don't overstay if you don't marry, go home. you don't need a banned from the US for an overstay.

[AstroCanada 206]

if your not sure, don't marry and return home. As for filing in future IF things work out later , all you can do is try and tell USCIS why you went through K1 process and why you did not marry, honesty is the best policy. As for doing a K1 with someone else , again, honesty is the best policy, its their decision to approve or not.

What ever you do now, don't overstay if you don't marry, go home. you don't need a banned from the US for an overstay.

That is by far the most important advice. If you leave and go home before 90 days, you could very well come in the future on a K-1, although probably not in the next few years and with some explanation required.

On the marriage front, if you're not sure, remember that it's a legal contract. Depending on the state, assets and earnings may become completely joint. This isn't something to approach casually.

[NikLR 13,220]

RE Ban: when you've overstayed for 180 days you receive a 3 year ban, and a 10 year ban for 365+ days. There is no ban for leaving on day 91...

However, to make sure you can use the VWP leave before the 90 days are up so you can continue to visit the USA without having to get a B2 visa.

I'm sorry it hasn't worked out for you. Best of luck in the future.

[Gus45 2]

As long as you leave before overstaying 90 days, you will be able to reenter again through the VWP. If you change your mind, you can always return hassle free on a K1 visa

[pch1 64]

This is exactly the purpose of the 90 days K1 Visa, to come and visit decide if you want to get married and continue the process or decide the marriage will not work, in this case you are not breaking any laws and will not be banned as long as you leave the country prior to the expiration of the 90 days. I am sure you are not the only one who have decided not to get married and went back home. Down the road if you and your future fiance decide to go through the process, It should not be an issue. If any questions comes up then just be honest in answering and explaining why the first K1 did not work out for you.

As most suggested, do not overstay.

[TBoneTX 43,041]

1. This is exactly the purpose of the 90 days K1 Visa, to come and visit decide if you want to get married and continue the process or decide the marriage will not work

2. Down the road if you and your future fiance decide to go through the process, It should not be an issue. If any questions comes up then just be honest in answering and explaining why the first K1 did not work out for you.

1. No, it isn't.

2. This is accurate.

[aaron2020 11,651]

1. No, it isn't.

2. This is accurate.

1. Yes, it is. There is no requirement that the K-1 must marry and adjust status. The K-1 can decide not to marry and go home.

[pch1 64]

1. No, it isn't.

2. This is accurate.

TBoneTx... can you please elaborate on No 1 if you don't mind. Why is it called K1 fiance visa with 90 days to marry? Must be something that I am missing and would like to more about...Thanks!

[aaron2020 11,651]

Hi everybody. I'm currently in the US after having come here from the EU on a K1 visa. We have not yet been married as I was hesitant to rush and now that the 90 days are nearing an end, I am having second thoughts.

What should I do?

What happens if I leave within the 90 days? Nothing since leaving within 90 days leaves you in compliance with your allowed time in the US. Will it make travelling to the US again more difficult? Possibly since you have a US tie - your fiance. You should be able to use the VWP to travel. Don't worry about this. What if my fiancee and I get back together in a few years time and we want to apply for K1 again? Perfectly fine to pursue it again. Or if I meet someone else and want to apply with them? Perfectly okay.

[NikLR 13,220]

TBoneTx... can you please elaborate on No 1 if you don't mind. Why is it called K1 fiance visa with 90 days to marry? Must be something that I am missing and would like to more about...Thanks!

The K1 is a non-immigrant visa with immigrant intent. The point of the K1 visa is to give you time to get married, not time to decide if you want to marry. However, it's permissible to not get married and to leave the USA.