Jump to content

VisaJourney.com Logo
Gallery      Form Downloads      Example Forms      Processing Times      Embassy Info      Reviews: Embassy/USCIS & POE      Affiliates     Members


Latest VJ Member Visa Approvals - Congratulations!


blank avatarAmanda & Justin
K1 Visa
Canada
Emily & Friday
K1 Visa
Nigeria
blank avatarMrs.A & Mr.L
IR-1/CR-1 Visa
India
blank avatarD & C
K1 Visa
Jamaica
Lester & Tonya
K1 Visa
Russia
HP & PrettyPossum
K1 Visa
Mexico
Becky & Ricardo
IR-1/CR-1 Visa
Jamaica
Evan & Zoie
K1 Visa
Philippines
Tamarah & Ahmed
IR-1/CR-1 Visa
Morocco
blank avatarKristy & Ross
IR-1/CR-1 Visa
New Zealand

Visa Interviews Today: Good Luck!!


blank avatarDamon & Rose
IR-1/CR-1 Visa
China
Ryan & Anna
K1 Visa
Spain
blank avatarJohn & Doe
FB-1 Visa
Jamaica
blank avatarDon & Thephin
IR-1/CR-1 Visa
Thailand
blank avatarmy self & my spouse
IR-1/CR-1 Visa
Morocco
RISHABH & NEERU
IR-1/CR-1 Visa
India
blank avatarJ & A
K1 Visa
Finland
Maja & Nikola
K1 Visa
Serbia
Nick & Lucie
K1 Visa
Belgium
Todd & Rose
K1 Visa
Kenya
blank avatarMatt & Xiaoyue
IR-1/CR-1 Visa
China
blank avatarJon & Mi
K1 Visa
China
blank avatarLucas & Mayra
IR-1/CR-1 Visa
Ecuador
Hans Bartolo & Hazelle Pascua
K1 Visa
Philippines
matt & Af
IR-1/CR-1 Visa
Egypt


  • Please log in to reply

If K-1 Visa Fiance does not marry within 90 days can she stay?

#1 vadelice

vadelice

    Member

  • PipPipPip

  • Group: Members
  • Joined: 26 Sep 2010

Posted 09 January 2011 - 08:06 PM

I posted a similar post a while back. Me and my wife are happily married but we have a friend who applied for a K-1 visa for his fiance. She came here 4 weeks ago on a K-1 visa. Her boyfirend has changed on her since she has been living here and believes he will not marry her. She is asking me and my wife if she can stay here after 90 days if they do not marry? I said I am not sure?

I found this on this website (Visajourney)

What happens if we do not get married within the 90 day validity of the K1 visa? A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.




Some say she has to go back to her home country.

Does anyone know what or how she can stay without being married on a K-1 or is it possible to stay here without being married? Will she get in trouble or have problems and possibly have to go back if she does not get married and stays?
  • 0

#2 texas-gal

texas-gal

    Member

  • PipPipPipPip


Posted 09 January 2011 - 08:09 PM

From reading other posts where this same question has been asked, it sounds like she has to leave.
  • 0

7/26/10 Engaged
9/15/10 - Mailed I-129F to Dallas
9/17/10 - Received in Dallas
9/23/10 - NOA1 (Email - Sent to VSC)
9/24/10 - NOA1 (Letter Received Dated 9/20/10)
10/3/10 - Touched
3/23/11 - NOA2 (Email - Sent to NVC)
3/31/11 - Letter from NVC confirming receipt (Letter dated then)
4/6/11 - Email confirmation from NVC - Paperwork sent to Frankfurt
4/9/11 - Packet 3 received from Frankfurt
4/19/11 - Packet 4 received from Frankfurt
5/16/11 - Fiance's Interview in Frankfurt - Approved
6/11/11 - Wedding Date

7/1/11 - NOA AOS, EAD, AP documents received
7/27/11 - Biometrics
8/26/11 - Emails that AP and EAD are approved - EAD card sent to be ordered, should be sent within 30 days
10/31/11 - Email that GC is approved.
11/4/11 - GC received!

 

7/30/13 - NOA1 for ROC

8/27/13 - Biometrics

9/23/13 - Received notice of case being transferred from VSC to CSC

10/28/13 - GC ordered! 


#3 Inky

Inky

    Elder Member



Posted 09 January 2011 - 08:13 PM

She has to go home she cant stay. Shes not legal to work.

Shes not able to adjust status in the US any other way because of her K-1 she came in on.
  • 0

-------------------------------------------- Posted Image


Your I-129f was approved in 5 days from your NOA1 date.
Your interview took 67 days from your I-129F NOA1 date.
AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.
I am a Citizen of the United States of America. 04/16/13

#4 james&olya

james&olya

    Diamond Member



Posted 09 January 2011 - 08:16 PM

She has to go home she cant stay. Shes not legal to work.

Shes not able to adjust status in the US any other way because of her K-1 she came in on.

Over-staying her visa can make it difficult to near impossible to get legal status in the future, depending on circumstances and length of overstay. Not a good idea!
  • 0

#5 Yagisama

Yagisama

    Gold Member

  • PipPipPipPipPipPipPipPip


Posted 09 January 2011 - 08:18 PM

*
POPULAR

There is no "some say this" or "some say that." The law is very specific here. The K-1 visa allows for a one time entry in order for a US Citizen and a foreign national to get married and then allows the foreign national to apply for an adjustment of status which can lead to long term residency.

The goal of her coming to the US was to marry this person. If this doesn't happen, she needs to go back.

Edited by Yagisama, 09 January 2011 - 08:18 PM.

  • 6

#6 vadelice

vadelice

    Member

  • PipPipPip

  • Group: Members
  • Joined: 26 Sep 2010

Posted 09 January 2011 - 08:23 PM

Even though it says she can fill out an I-130 relative petition?
  • 0

#7 Penny Lane

Penny Lane

    Mucho Elder Member



Posted 09 January 2011 - 08:28 PM

She must go home. She did not live up to her end of the bargain in regards to the K1 Visa. They issued her a visa to go to the United States ONCE and get married in 90 days. She didn't, so she has to return.
  • 0

#8 Inky

Inky

    Elder Member



Posted 09 January 2011 - 08:28 PM

Even though it says she can fill out an I-130 relative petition?


No she cant. That is ONLY if she gets married to the man who petitioned her with the K-1 after the 90days.
  • 1

-------------------------------------------- Posted Image


Your I-129f was approved in 5 days from your NOA1 date.
Your interview took 67 days from your I-129F NOA1 date.
AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.
I am a Citizen of the United States of America. 04/16/13

#9 vadelice

vadelice

    Member

  • PipPipPip

  • Group: Members
  • Joined: 26 Sep 2010

Posted 09 January 2011 - 08:30 PM

Thanks, for the confirmation. I will tell her that she needs to return or life will be very difficult here if the marriage does not happen
  • 0

#10 summersurf

summersurf

    Member

  • PipPipPipPip


Posted 09 January 2011 - 08:51 PM

I posted a similar post a while back. Me and my wife are happily married but we have a friend who applied for a K-1 visa for his fiance. She came here 4 weeks ago on a K-1 visa. Her boyfirend has changed on her since she has been living here and believes he will not marry her. She is asking me and my wife if she can stay here after 90 days if they do not marry? I said I am not sure?
Some say she has to go back to her home country.

Does anyone know what or how she can stay without being married on a K-1 or is it possible to stay here without being married? Will she get in trouble or have problems and possibly have to go back if she does not get married and stays?


Just stopped by to say please tell her sorry for the situation she has to face, sorry that things did not turn out well for her....



  • 0
Oct 2005 - met my baby
Dec 2006 - he proposed
Feb 2007 - K-1 filed
Dec 2007 - K-1 Visa Interview (denied), the reason: i was overstayed my previous visit in 2000-2003 (my bad)
Feb 2008 - I-601 Waiver filed
Sept 2008 - Waiver approved (K-1 Visa issued)
Jan 2009 - the Wedding Blessing & Reception (Bali, Indonesia)
Feb 2009 - Arrived in the US followed by the Civil Wedding & Reception (again:)
March 2009 - AOS filed
April 2009 - Biometric
May 2009 - EAD card in hand
Aug 27th 2009 - AOS Interview (approved, yaay)
Sept 2009- Green Card arrived in the mail...yippeeeew...(i want to sing of Your Love forever)
June 2011 - ROC filed
July 2011 - Biometric
Dec 2011 - ROC approved (Best Christmas ever, i must've been a really good girl this year :)

The wait would be unbearable but it'll be worth it. It strengthens the love, it attaches you even more to each other, it shows how your man would do whatever it takes to be with you, that he will never give up on you because he LOVES you!! All the waits, stresses, tears, heartaches, all the miserable feelings you feel along the way will be paid off once you get what you've been hoping for...oh and WITHOUT PRAYERS? will be like trying to start a fire with water, JUST WON'T WORK!

#11 YuAndDan

YuAndDan

    Trucker at Heart



Posted 09 January 2011 - 08:51 PM

K-1 allows marriage only to petitioner, the person who filed the I-129F, they WILL NOT be allowed to adjust status based on marriage to a different US Citizen.

If exceeds the 90 days allowed by the I-94 card, they WILL begin to accumulate out of status time and over stay.

If they do marry their petitioner outside the 90 days, they will have to file both I-130 and I-485 together to adjust status, again this is only marriage to the original fiancee, not someone else.
  • 1
OUR TIME LINE Please do a timeline it helps us all, thanks.
Is now a US Citizen immigration completed Jan 12, 2012.


Posted Image

Posted ImagePosted ImagePosted ImagePosted Image
Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,
Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

#12 Nicole-N-Nattoy

Nicole-N-Nattoy

    Member

  • PipPipPipPip


Posted 09 January 2011 - 09:37 PM

What it means when it says she can stay on an I-130; that is for a couple who, for whatever reason could not marry in the 90 days (death in the family, illness, ect.) but still wants to marry. They just couldn't do it in the 90 days becuase of extreme circumstances. She cannot stay here legally unless she marrys the petitioner in 90 days, or petitioner has a good reason they couldn't marry in 90 days, and applys for the I-130.
  • 0

#13 bayojona3231

bayojona3231

    Senior Member

  • PipPipPipPipPip


Posted 09 January 2011 - 09:44 PM

She must go home. The law is very clear. Anyone that comes here on a K-1 visa must get married within 90 days of arrival .

What it means when it says she can stay on an I-130; that is for a couple who, for whatever reason could not marry in the 90 days (death in the family, illness, ect.) but still wants to marry. They just couldn't do it in the 90 days becuase of extreme circumstances. She cannot stay here legally unless she marrys the petitioner in 90 days, or petitioner has a good reason they couldn't marry in 90 days, and applys for the I-130.


  • 0
REALESTATE BROKER & MORTGAGE LOAN ORIGINATOR
STATE OF CALIFORNIA





http://www.youtube.com/watch?v=2UywVLZjSqA


Posted Image

#14 sheenaspapi

sheenaspapi

    Senior Member

  • PipPipPipPipPip


Posted 09 January 2011 - 10:13 PM

I posted a similar post a while back. Me and my wife are happily married but we have a friend who applied for a K-1 visa for his fiance. She came here 4 weeks ago on a K-1 visa. Her boyfirend has changed on her since she has been living here and believes he will not marry her. She is asking me and my wife if she can stay here after 90 days if they do not marry? I said I am not sure?

I found this on this website (Visajourney)




Some say she has to go back to her home country.

Does anyone know what or how she can stay without being married on a K-1 or is it possible to stay here without being married? Will she get in trouble or have problems and possibly have to go back if she does not get married and stays?

Been answered a million times. Upper right corner. Click the word " search".
  • 0
November 2009- Met online
May 13,2010- Visited in Cebu, Philippines
July 01, 2010 I-129f mailed to Cali
July 06,2010- USCIS confirmed delivery
July 12,2010- NOA-1
July 21,2010- file touched
Nov. 19,2010- NOA2 Approved!!!!
Nov. 24, 2010- NVC received
Nov. 30,2010- Hardcopy recieved in mail
Nov. 30, 2010-case number received from NVC via phone
case forwarded to Manilla
Dec. 06, 2010- paid Visa fee at BPI
Dec. 07,2010-Embassy recieved
Dec. 28, 2010- Appt. finally scheduled
Jan. 11,2011- Medical exam
Jan. 18,2011- Interview APPROVED!!!
Jan. 19,2011- Visa printed
Jan. 22, 2011- Visa delivered
Jan. 30, 2011- Guam

#15 pushbrk

pushbrk

    Straight Talk Member



Posted 09 January 2011 - 10:32 PM

Even though it says she can fill out an I-130 relative petition?



The context of what you read was if they marry the petitioner after the 90 days. The person in question doesn't have an immediate relative in the USA unless they marry the petitioner. If they don't marry the US Citizen petitioner at all, the law requires them to leave the USA. Where they go is not specified. While most will choose to return to their home country, where they go when they leave the USA is up to them. There is no legal path for a K1 visa holder to become a legal resident of the USA EXCEPT through marriage to the original petitioner.
  • 0

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless.  Anonymous




Back to Top ↑


0 user(s) are browsing this forum

0 members, 0 guests, 0 anonymous users


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.