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

[amykathleen2005 441]

The fact that she wants to stay without getting married seems to point that marriage might not have been the main factor in her immigrating anyways, at least that is my impression from the way the situation was worded.

[JimVaPhuong 4,863]

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

I agree with you. The question and answer are misleading. If the question were rewritten as "What happens if we get married after the 90 day validity of the K1 visa?" then the answer would be correct. The way it's currently written it does give the impression that the alien can submit an I-130 even if they don't marry the petitioner. As others have pointed out, this is not true.

An I-130 is a petition for a relative. An alien can't submit this petition themselves. They must have a qualifying relative who is a US citizen or permanent resident submit this petition on their behalf. A qualifying relative is a spouse, parent, or adult child. A sibling is also a qualifying relative if the sibling is a US citizen.

There are further restrictions on someone who enters the US with a K1 visa. They can only adjust status if the qualifying relative is their spouse, and is the same US citizen who sent the K1 petition.

The only other option is a refugee or asylum application. These are available to any warm body standing on US soil, regardless how or when they arrived. They are also very difficult to get approved.

[Messybrownhair 251]

That's sad to hear, and I feel bad for her. Unfortunately, there's no ifs and buts here. She has to go back home

[Nataliya-Ron 7]

Good Luck

Sorry to hear it....!

Edited January 10, 2011 by 1lovingyou2

[Nataliya-Ron 7]

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.

She wont comply with USCIS and her A # will expire after the 90 days if she doesnt

marry within 90 days upon arrival. She than will have pasted her stay time, & can

later be banned from entry 3 to 10 years if she files to try to come again later.

USCIS is very very STRICK on over stay of any Visa they issue.

She only can stay to marry to the existiing petetionier by who she file the I-130 with.

AOS CAN'T be obtained unless she can show a marriage took place with the petetionier.

She is asking for very big problems if she stay in the country, she wont be able to

work legally or obtain and SS card for work. If she oleave before the 90 days than

she is complying with USCIS as part of her Visa. Than will be able to again or could

enter the USA at another time with the correct valid Visa.

Good Luck

[happywife 4]

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?

she can not stay there. she must come back. same thing happened to me too. i got visa and arrived usa. after 2 days of my arrival he decided not to marry me so i came back after it happened 2 weeks. now i have met a much better guy and i'm doing visa again. so tell your friend to come back, if she likes usa she could meet a right man again maybe very soon.

[pushbrk 12,092]

she can not stay there. she must come back. same thing happened to me too. i got visa and arrived usa. after 2 days of my arrival he decided not to marry me so i came back after it happened 2 weeks. now i have met a much better guy and i'm doing visa again. so tell your friend to come back, if she likes usa she could meet a right man again maybe very soon.

"Leave" and "go back" are not the same thing. She must leave the USA. Where she goes is not the USA's business.

[YuAndDan 153]

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 .

FAQ: 6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

[rhein 451]

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.

Unless, of course, she was abused. Then she can self-petition, and without paying fees too. We don't know all the facts here....

[pushbrk 12,092]

FAQ: 6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

As has been indicated, the question doesn't go with the answer. The answer is to this question. "What happens if we marry after the 90 days allowed?"

The OP is asking about somebody who won't marry the petitioner, ever. The correct answer has been given, in that the visa holder must leave the USA. The question in th FAQ needs to be updated so that the question matches the answer, then another question, "What happens if I do not marry the petitioner?" needs its own answer. Whomever writes it needs to take care to indicate the visa holder must "leave the USA", not "go home".

[JNL 13]

"Leave" and "go back" are not the same thing. She must leave the USA. Where she goes is not the USA's business.

[Justine+David 218]

Unless, of course, she was abused. Then she can self-petition, and without paying fees too. We don't know all the facts here....

She has to be married first in order to qualify.

[YuAndDan 153]

She has to be married first in order to qualify.

Yep and to the petitioner that filed for the K-1 visa.

[O & C 3]

I'm sorry for her, but she has to go back..

[pushbrk 12,092]

I'm sorry for her, but she has to go back..

Again, no, she doesn't have to "go back". The law requires her to "leave the USA". It's not the same thing unless that's where she decides to go when she leaves.

She doesn't "have to" anything. She could choose to remain in the USA illegally and risk the consequences.

Edited January 11, 2011 by pushbrk