Extra time for I-194?

[bonjur_mimi 0]

Hello everybody,

I already posted about my friend's fiance that doesn't want to marry her. My iance called him and talked to him about my friend. and now he's saying that he needs some time to learn more about her personality. But their visa expires on 30th of July. there's only few dys them to get married.

The question is can they get married later and then send letter to USCIS explaining the situation?

thanks a lot

[TracyTN 237]

Need a bit more information - has your friend entered the US yet?

Regardless, they MUST get married within 90 days from his entry into the US (or on day 90). There is no way around that - it is one of the main requirements of the K1 visa. If they marry on day 91 or after and apply for adjustment of status, it will be denied.

[payxibka 10,048]

Need a bit more information - has your friend entered the US yet?

Regardless, they MUST get married within 90 days from his entry into the US (or on day 90). There is no way around that - it is one of the main requirements of the K1 visa. If they marry on day 91 or after and apply for adjustment of status, it will be denied.

yes, adjustment of status with only the I-485 will be denied... the path to greencard would now include an I-130 in addition to the I-485.

[bonjur_mimi 0]

Need a bit more information - has your friend entered the US yet?

Regardless, they MUST get married within 90 days from his entry into the US (or on day 90). There is no way around that - it is one of the main requirements of the K1 visa. If they marry on day 91 or after and apply for adjustment of status, it will be denied.

yes, she entered the U.S and her visa expires on 30 th of July. can they still get married if she's out of status?

[john_and_marlene 162]

Need a bit more information - has your friend entered the US yet?

Regardless, they MUST get married within 90 days from his entry into the US (or on day 90). There is no way around that - it is one of the main requirements of the K1 visa. If they marry on day 91 or after and apply for adjustment of status, it will be denied.

yes, she entered the U.S and her visa expires on 30 th of July. can they still get married if she's out of status?

Yes they can still get married after the I-94 expiration. If they get married after the 90 days, she cannot adjust status based on the K1, but they can submit the adjustment of status along with an I-130 spouse petition.

There is a very real risk for her to take this path. Once her I-94 expires, she will be out of status and begin accruing out of status days. If he subsequently decides that he still will not marry her, she may have enough out of status time to incur a ban from coming back to the US in the future (180 days = 3 year ban, 1 year = 10 year ban).

[payxibka 10,048]

Need a bit more information - has your friend entered the US yet?

Regardless, they MUST get married within 90 days from his entry into the US (or on day 90). There is no way around that - it is one of the main requirements of the K1 visa. If they marry on day 91 or after and apply for adjustment of status, it will be denied.

yes, she entered the U.S and her visa expires on 30 th of July. can they still get married if she's out of status?

yes... getting married is not the issue... it is the path to greencard that will change

[TracyTN 237]

yes, she entered the U.S and her visa expires on 30 th of July. can they still get married if she's out of status?

The date on her visa is now irrelevant. It is the date on the I 94 that is applicable.

I really can't understand this 'needing more time' lark. The K1 isn't a 'get to know you' visa - you're supposed to have done that before bothering to apply for it.

[Chica Yeyé 41]

yes, she entered the U.S and her visa expires on 30 th of July. can they still get married if she's out of status?

The date on her visa is now irrelevant. It is the date on the I 94 that is applicable.

I really can't understand this 'needing more time' lark. The K1 isn't a 'get to know you' visa - you're supposed to have done that before bothering to apply for it.

WORD

Sadly enough, some people think it is a "oh let's play house and see if I want to marry you" visa.

[Gary and Alla 3,696]

Hello everybody,

I already posted about my friend's fiance that doesn't want to marry her. My iance called him and talked to him about my friend. and now he's saying that he needs some time to learn more about her personality. But their visa expires on 30th of July. there's only few dys them to get married.

The question is can they get married later and then send letter to USCIS explaining the situation?

thanks a lot

Once entered into the US, they need to get married within 90 days. There is no extension. The K-1 is not a "trial" visa, they have both signed letters intending to get married within 90 days of entry.

[baron555 934]

Hello everybody,

I already posted about my friend's fiance that doesn't want to marry her. My iance called him and talked to him about my friend. and now he's saying that he needs some time to learn more about her personality. But their visa expires on 30th of July. there's only few dys them to get married.

The question is can they get married later and then send letter to USCIS explaining the situation?

thanks a lot

Yes they can do that. He can continue to learn about her personality and then on July 30th he will take her to the airport and send her back to her country. Then he can continue to get to know her by correpsonding, Skype, or personally travelling to her country to learn more about her in person. Then if or when he decides she is right for him, he can file another K-1 petition or go marry her in her country and then come back, leaving her there, and file a K-3 or CR-1 petition.

See many options available, but she is on the plane on July 30, period. Sorry no other option but to marry.

WE ARE SUPPOSED to make sure that we have a legit relatoinship BEFORE you file the petition. If he has qualms, then cancel and continue to know each other.

[baron555 934]

Need a bit more information - has your friend entered the US yet?

Regardless, they MUST get married within 90 days from his entry into the US (or on day 90). There is no way around that - it is one of the main requirements of the K1 visa. If they marry on day 91 or after and apply for adjustment of status, it will be denied.

yes, she entered the U.S and her visa expires on 30 th of July. can they still get married if she's out of status?

Sure, there is nothing preventing them from getting married. But she probably won't be able to adjust her status, she might be deported, she might be banned for life from ever coming back.....but they can get married.

The rules are very simple.

[Craneman 2]

Hello everybody,

I already posted about my friend's fiance that doesn't want to marry her. My iance called him and talked to him about my friend. and now he's saying that he needs some time to learn more about her personality. But their visa expires on 30th of July. there's only few dys them to get married.

The question is can they get married later and then send letter to USCIS explaining the situation?

thanks a lot

A letter explaining that she came to the U.S. to see if they wanted to get married.

Sounds backwards to me.

[ddartt1 2]

Hello everybody,

I already posted about my friend's fiance that doesn't want to marry her. My iance called him and talked to him about my friend. and now he's saying that he needs some time to learn more about her personality. But their visa expires on 30th of July. there's only few dys them to get married.

The question is can they get married later and then send letter to USCIS explaining the situation?

thanks a lot

They have two options: Getting married or going back before July 30th. If she overstays it will ruin her chances of coming here in the future.

Edited July 22, 2009 by ddartt1