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

[vadelice 0]

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?

[texas-gal 3]

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

[Inky 1,110]

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.

[james&olya 1,121]

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!

[Yagisama 93]

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 January 10, 2011 by Yagisama

[vadelice 0]

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

[Penny Lane 8,159]

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.

[Inky 1,110]

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.

[vadelice 0]

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

[summersurf 10]

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....

[YuAndDan 153]

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.

[Nicole-N-Nattoy 24]

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.

[bayojona3231 4]

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.

[sheenaspapi 18]

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".

[pushbrk 12,092]

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.