Getting married after visa has expired or calling off engagement

[LaL 418]

Yeah, at this point, I suggest you go on back and start all over again if necessary.

Since you didn't marry with the original K-1 and it expired long ago, you are way out of status.

Start again? They can still adjust, just not based on the K1.

She's not even sure she wants to marry the guy.

Maybe so, but she specifically asked this:

so if I accept him, we'd pretty much get married a few days after my visa has expired. How bad does this affect us? getting married after my K1 has expired, for a few days...

Edited July 23, 2008 by LaL

[Skyler 0]

Yeah, at this point, I suggest you go on back and start all over again if necessary.

Since you didn't marry with the original K-1 and it expired long ago, you are way out of status.

Start again? They can still adjust, just not based on the K1.

She's not even sure she wants to marry the guy.

Don't do it!!!! Don't get married, I mean. I know from experience (friends', luckily never my own) that if a boyfriend is cruel to you, it will only get worse with time. All relationships have their problems, and we all say and do things we don't mean, but if you don't trust him in your gut, I would really really pay attention to that and definately return to finish your studies. Believe me, most people don't change when it comes to these things, they only get worse.

Sorry if that sounds pessimistic, but it's my experience. Take care and I'm sorry that things didn't work out as you were hoping.

[*JG* 2]

IMO....on this one....you are writing that you came on the K-1, did not marry him, seperated for a prolonged legnth of time, and are now asking about AOS after being with him again for 11 days.....clear red flags for anyone who looks closely if you get to the interview stage for said AOS.

I know you say it's him coming back to you, and I do believe you on this, but it could look like you just realized you need to correct your out of status and are trying this last ditch effort.

I would really be careful with this. Make sure to protect yourself so it goes the way you are wanting it to go.

[Chica Yeyé 41]

IMO....on this one....you are writing that you came on the K-1, did not marry him, seperated for a prolonged legnth of time, and are now asking about AOS after being with him again for 11 days.....clear red flags for anyone who looks closely if you get to the interview stage for said AOS.

I know you say it's him coming back to you, and I do believe you on this, but it could look like you just realized you need to correct your out of status and are trying this last ditch effort.

I would really be careful with this. Make sure to protect yourself so it goes the way you are wanting it to go.

I concur

[Singers 0]

IMHO I don't think it would be red flags at all for the interview. So they had a blow out... many legitimate married couples do. They reconciled and, based on what she says, are going to give their marriage an honest attempt. That's all they care about when it comes to the interview. Co-mingle your lives/finances and that's it.

Whether you think the marriage is a good idea or not is not relevant for immigration purposes.

[Minya's wife 24]

IMO....on this one....you are writing that you came on the K-1, did not marry him, seperated for a prolonged legnth of time, and are now asking about AOS after being with him again for 11 days.....clear red flags for anyone who looks closely if you get to the interview stage for said AOS.

I don't think that's what she's saying....

Hi everybody. I assume this might not happen so frequently, but I do not longer know if getting married is the right thing to do or not. I'd rather not to dwell that much into this, but as soon after I arrived into the US, ...He wasn't nice to me... and I got sick of this. After two months and a huge fight, I couldn't put up with his attitude anymore and I broke up with him. As soon as I returned...he... asked me for forgiveness, ...so I forgave him and came back to live with him in Houston.

Sorry, I've removed portions of the OP above to make the point.

Basically they were together two months, and upon the break up, apart for a couple of weeks, now they've reconciled and want to marry (maybe). The OP is aksing if this is OK since her K-1 visa has expired?

The answer is YES, you can marrry, you will just have to file one more petition when you adjust status, the I-130 petition. (and pay that petition fee also.) In essence, by not marrying within the 90 days alloted on your I-94, you cannot adjust status from the K-1 visa you entered on. You must now adjust status based on being the wife of a US citizen (the I-130 petition).

Good luck,

-P

Edited July 23, 2008 by Minya's wife

[Kamz 0]

The fact alone that you are not even sure if you're going to marry him is already a huge factor to reconsider your decision. You will have to comply with the 90 days whether you like it or not. Things happen for a reason. This may just be one of the few instances that you're having a blessing in disguise. If you are meant for each other, allow fate to do it's job. If you are not sure if you want to spend the rest of your life with this man, think a million times before moving forward. A divorce is never pretty no matter how smooth things may go.

Peace out!

[panamania79 2]

Hi everybody. I assume this might not happen so frequently, but I do not longer know if getting married is the right thing to do or not. I'd rather not to dwell that much into this, but as soon after I arrived into the US, after almost 2 years of being in a relationship with my fiance, things change. He wasn't nice to me, actually, he was cruel and mean in many ways, and I got sick of this. After two months and a huge fight, I couldn't put up with his attitude anymore and I broke up with him and flew to Chicago and Maryland, to see a friend and my aunt there and recover from the break up. As soon as I returned to Dallas (my back then ex fiance lives in Houston, TX), he came to Dallas, to where I was staying, and asked me for forgiveness, saying he had changed. It broke my heart because he seemed to mean every word, and I missed him and hated the way things turned out to be, so I forgave him and came back to live with him in Houston. However, I told him I didn't trust him like before, and I still wanted to return home and finish my studies. I am an archaeology student and am in third year, in my country, and therefore have 2 years left. Mi K1

my thoughts to you is to forget about this guy and finish your degree.The fact that he mistreated you bothers me.He will go back to being a jerk and get worse as the years go by.

[Gaby&Talbert 1]

you are only out of status so if you think the relationship is worth it just wait to get married until you are sure and then apply of AOS. IMO I would not go back home unless you are sure you don't want to get married.

[KarenCee 3]

IMHO I don't think it would be red flags at all for the interview. So they had a blow out... many legitimate married couples do. They reconciled and, based on what she says, are going to give their marriage an honest attempt. That's all they care about when it comes to the interview. Co-mingle your lives/finances and that's it.

Whether you think the marriage is a good idea or not is not relevant for immigration purposes.

They are not married though...and her question was about what to do IF they get married once she is past the 90 day window.

[LaL 418]

You will have to comply with the 90 days whether you like it or not.

This is not true! If they do not "comply" with the K1 requirements - then they adjust another way.

Edited July 23, 2008 by LaL

[Unruly Gal 0]

Question for everyone -- so if someone comes on a K1 visa and doesn't get married within the 90 days they can stay in the US either way? That sounds wrong to me, but I'm new to all of this visa stuff. I assumed they would need to leave the US and return to their own country.

[Singers 0]

Well, the shortest answer to your question is no. They cannot remain in the US if they do not marry the petitioner within 90 days. They should go home but since nobody is around to enfore this many remain illegally accumulating days as an "overstay"

This case is more straightforward as it is the same petitioner. It becomes more complicated if they want to marrya DIFFERENT person.

[LaL 418]

Well, the shortest answer to your question is no. They cannot remain in the US if they do not marry the petitioner within 90 days. They should go home but since nobody is around to enfore this many remain illegally accumulating days as an "overstay"

This case is more straightforward as it is the same petitioner. It becomes more complicated if they want to marrya DIFFERENT person.

It's actually not complicated at all - if they marry someone else - they cannot adjust status - they must go home & apply for the appropriate visa.

In the case of the OP - there might be an overstay involved - but generally that is forgiven when/if they marry the USC.

[pushbrk 12,114]

Well, the shortest answer to your question is no. They cannot remain in the US if they do not marry the petitioner within 90 days. They should go home but since nobody is around to enfore this many remain illegally accumulating days as an "overstay"

This case is more straightforward as it is the same petitioner. It becomes more complicated if they want to marrya DIFFERENT person.

It's actually not complicated at all - if they marry someone else - they cannot adjust status - they must go home & apply for the appropriate visa.

In the case of the OP - there might be an overstay involved - but generally that is forgiven when/if they marry the USC.

LAL has a good handle on this. All the speculation and assuming don't help.

1. The K1 isn't expiring, the I-94 is. The K1 was dead on arrival in the USA.

2. They can marry later and file the I-130 concurrent with an I-485. Until they do, she's accumulating some overstay. there's no hurry to marry but to preserve her ability to return to the US without penalty, she'll need to either marry the original petitioner or leave within 180 days of the I-94 expiry. Leaving after 180 days would incur a ban from entering the USA.

My advice is to take some additional time and make a decision you're comfortable with but keep the 180 days in mind.