Would you let him take a crap on you?

[tulum 0]

Is there anyway for me to stay in the states "Legally" without having to marry him?What processes would there be? If none, I am more than happy to go home and restart a life and hopefully get my job back.

Not to deny anything that has been said by others so far, which is all essentially correct information.

I did just think it worth pointing out one fact that may be of relevance here.

JimVaPhuong put it very aptly that your legal status in the US is under your I-94, valid for 90 days from entry. And that you must leave when those 90 days are up.

However, the requirement from the US perspective is that you leave the United States. Not necessarily that you "go home". There may be a difference,

and it may be relevant to you.

The flag on your profile is Australia. I don't know if that's "home" for you, but on the likely assumption that it is, and you are an Australian citizen, then you can leave the United States by going to another country rather than returning immediately to Australia. For example, you could travel to Canada, thereby legally complying with the need to exit the US within 90 days. Bearing an Australian passport, Canada should admit you legally as a tourist. After spending some time there (as little or as long as you like, subject to your Canadian admission - potentially a day or two , even an hour would suffice, or more), you could then legally re-enter the United States as a tourist on your Australian passport. You don't require a visa to do this.

Does this buy you anything? Perhaps, perhaps not.

You wrote that you want to "stay in the states". If you mean permanently - then no, this won't help.

However, if you mean "temporarily", like to take care of some unfinished tasks, or other reasons, then you could potentially do this legally as a way to extend your stay in the US a bit longer. Your US re-entry would be on a VWP (as an Australian) and likely valid for an additional 90 days. You cannot work during that time, but you would be in the country legally.

Good luck.

Great answer! and so much better than just "go home" even tho that is the obvious choice. buys her some time and maybe she might meet someone else and later do another k-1. i feel sorry for her but it is better she discover sooner than later that he was a rat

[lisaf 0]

Is there anyway for me to stay in the states "Legally" without having to marry him?What processes would there be? If none, I am more than happy to go home and restart a life and hopefully get my job back.

Not to deny anything that has been said by others so far, which is all essentially correct information.

I did just think it worth pointing out one fact that may be of relevance here.

JimVaPhuong put it very aptly that your legal status in the US is under your I-94, valid for 90 days from entry. And that you must leave when those 90 days are up.

However, the requirement from the US perspective is that you leave the United States. Not necessarily that you "go home". There may be a difference,

and it may be relevant to you.

The flag on your profile is Australia. I don't know if that's "home" for you, but on the likely assumption that it is, and you are an Australian citizen, then you can leave the United States by going to another country rather than returning immediately to Australia. For example, you could travel to Canada, thereby legally complying with the need to exit the US within 90 days. Bearing an Australian passport, Canada should admit you legally as a tourist. After spending some time there (as little or as long as you like, subject to your Canadian admission - potentially a day or two , even an hour would suffice, or more), you could then legally re-enter the United States as a tourist on your Australian passport. You don't require a visa to do this.

Does this buy you anything? Perhaps, perhaps not.

You wrote that you want to "stay in the states". If you mean permanently - then no, this won't help.

However, if you mean "temporarily", like to take care of some unfinished tasks, or other reasons, then you could potentially do this legally as a way to extend your stay in the US a bit longer. Your US re-entry would be on a VWP (as an Australian) and likely valid for an additional 90 days. You cannot work during that time, but you would be in the country legally.

Good luck.

Great answer! and so much better than just "go home" even tho that is the obvious choice. buys her some time and maybe she might meet someone else and later do another k-1. i feel sorry for her but it is better she discover sooner than later that he was a rat

sorry but Canada is not an option. I tried it when I was here on holiday's back in 05 and knew it would be a long wait through the K1 process. I went to Canada and was permitted re-entry only for the time left on my initial 90 days which was one week.

The immigration officer told me I cannot use Canada as a means to gain another 90 days- it doesn't "count"

However, when traveling in 04 ( when I initially met my husband) through central and sth America I went through Miami three times as it was cheaper to fly back into the states and out to my next country than direct flights on international carriers. Three times I was given a brand new 90 day stamp. Go figure!

To the OP, sorry to hear of your situation, good luck.

Edited June 30, 2009 by lisaf

[lisaf 0]

sorry but Canada is not an option. I tried it when I was here on holiday's back in 05 and knew it would be a long wait through the K1 process. I went to Canada and was permitted re-entry only for the time left on my initial 90 days which was one week.

The immigration officer told me I cannot use Canada as a means to gain another 90 days- it doesn't "count"

However, when traveling in 04 ( when I initially met my husband) through central and sth America I went through Miami three times as it was cheaper to fly back into the states and out to my next country than direct flights on international carriers. Three times I was given a brand new 90 day stamp. Go figure!

To the OP, sorry to hear of your situation, good luck.

I should clarify, i was at the end of my VWP 90 days when I went to Canada, not my K1! As mentioned its a one time visa, with 90 days to marry, not 90 with the option of coming or going.

[scandal 951]

sorry but Canada is not an option. I tried it when I was here on holiday's back in 05 and knew it would be a long wait through the K1 process. I went to Canada and was permitted re-entry only for the time left on my initial 90 days which was one week.

The immigration officer told me I cannot use Canada as a means to gain another 90 days- it doesn't "count"

However, when traveling in 04 ( when I initially met my husband) through central and sth America I went through Miami three times as it was cheaper to fly back into the states and out to my next country than direct flights on international carriers. Three times I was given a brand new 90 day stamp. Go figure!

To the OP, sorry to hear of your situation, good luck.

I should clarify, i was at the end of my VWP 90 days when I went to Canada, not my K1! As mentioned its a one time visa, with 90 days to marry, not 90 with the option of coming or going.

Which is why I wrote what I did in the first place.

I'm not an expert on how the Border Immigration sees this issue, but it seems reasonable to me that if you are in the US on a K1, don't get married, leave the US (for Canada or elsewhere) during the 90 days, then you've complied with all your obligations regarding the K1. Case closed. Now, you approach US Immigration de-novo, and request admission under VWP (with Australian or other VWP-eligible passport). This would be a first-time VWP entry, not a repeat/renewal attempt under VWP. It seems to me you should be admitted for a full 90 days.