Not getting Marry - K1

[Processing 0]

In prior posting, i mentioned a friend was having problems with her so call fiance, she has decided not to marry him.. she is being offer to stay in the USA.. everything changes now for her, what are the legal consequences?

If in the future, she founds love what will happen? can she adjust her status?

[Anh map 2,098]

Your friend needs to go home. She cannot legally stay in the US entering on the K1 and not marrying the petitioner.

She cannot adjust status with any person other than the K1 petitioner.

[canadian_wife 1,823]

Agreed. The K-1 is a single entry visa which requires the beneficiary to marry the petitioner within 90 days. If this does not happen, she needs to return home to her country. She is not able to stay or adjust status with anyone other than the petitioner

If she stays, she begins accumulating illegal presence which can complicate any future visa process. Advise her to abide by the law.

Good luck.

[Processing 0]

Thank you all, we will advise her the best thing to do is to return..

Sorry one more question. I am offering her my place since where she is living is not really "safe"

If she over stay in the USA for a month or two, what will be the consequences in returning or applying for any other type of visas?

Edited February 13, 2010 by Processing

[Otto 83]

Thank you all, we will advise her the best thing to do is to return..

Sorry one more question. I am offering her my place since where she is living is not really "safe"

If she over stay in the USA for a month or two, what will be the consequences in returning or applying for any other type of visas?

Your friend can remain in the US until his/her I-94 expires - staying past that can jeopardize future visas.

[VanessaTony 3,567]

Thank you all, we will advise her the best thing to do is to return..

Sorry one more question. I am offering her my place since where she is living is not really "safe"

If she over stay in the USA for a month or two, what will be the consequences in returning or applying for any other type of visas?

The K1 instructions are very clear in this regard, if you don't marry the K1 petitioner in the 90 days you MUST leave before the I-94 expires.

I assume the standard penalties apply, like overstay by 180 days and you get a 3 year ban, overstay by a year or more it's a 10 year ban.

The issue with the K1 is though, she signed a piece of paper stating she would abide by the rules, and i would hate that this would amount to "material misrepresentation" (which is a lifetime ban) or that they see that she overstayed a K1 and obviously doesn't "follow the rules". It would also mean if she HAD access to the VWP, she wouldn't anymore. Also, if she's caught, she gets deported and that DEFINITELY looks very bad.

Leaving on time means she should still be able to use the VWP (if her country has it). It's always best to follow the rules as much as possible so you always stand the best chance to get other visas or appeal etc.

[elmcitymaven 9,712]

Moving to Effects of Major Changes forum from K1 -- a better fit and more targetted replies may be available there.

[Gary and Alla 3,694]

Are there ways they can stays in the US? What if she wants to see her relatives in her home country if she is overstaying the K1 visa?

Huh?

Thank you all, we will advise her the best thing to do is to return..

Sorry one more question. I am offering her my place since where she is living is not really "safe"

If she over stay in the USA for a month or two, what will be the consequences in returning or applying for any other type of visas?

This is simple. Your friend has an I-94 card. On the back of that card is an expiration date which will be 90 days after your fiend entered the USA. She needs to LEAVE the USA BEFORE the date on that card. Doing anything else can cause problems in the future.

[sachinky 465]

What part of this is not clear to you? The K-1 is a SINGLE ENTRY visa to the U.S. in order to marry the original USC petitioner within 90 days and adjust her status. She cannot adjust her status with anything else, or anyone else. As soon as her I-94 expires, she will start accumulating illegal presence. No, she cannot stay and visit relatives. That wasn't the purpose of her entry. God, no wonder, Kiev gave you such a hard time with the visa. Looks like they were right.

Edited February 14, 2010 by sachinky

[Kathryn41 3,205]

It is not necessary to make judgmental or belittling comments. You can make your point without insulting the OP.

[sachinky 465]

I have followed the OP's posts for a while and it is clear the Embassy had doubts and suspicions regarding his fiancee/their relationship. Clearly, they were right and should've denied the visa based on their initial instinct/after the second interview as this woman evidently had no interest in marrying the OP and was solely looking for a one-way ticket into the US. I'm sorry for his troubles and it was not my intention to belittle him. I'm not sure where I exactly "insulted" him but I do sincerely apologize if it came off that way. It does however make me angry that while it is nearly impossible for legitimate couples to get a visa out of certain consulates, other consulates will approve applicants even with more than reasonable doubt.

[sachinky 465]

You can report her to USCIS/ICE. Put her on the next plane back if you're sure she has no intention of pursuing a real, bonafide marriage/relationship with you.

[sleepy in Seattle 3]

I don't want to sound mean or anything but it sounds to me that you are asking if there is away to break the law and get away with it, NO!

[Brad and Vika 129]

Just send them a letter letter them know that she is not planning on following through with the K1 visa. There is no need to mention it was fraudulent. Marriages (or prospective marriages) fail often.

You could even just say that YOU have no intention of marrying. I have never read a post that documented any enforcement action at all before the 90 days are up though. If you can get on the record somehow that she is working illegally she will probably be banned - or at least never qualify for another visa.

[lucyrich 20]

You could even just say that YOU have no intention of marrying. I have never read a post that documented any enforcement action at all before the 90 days are up though. If you can get on the record somehow that she is working illegally she will probably be banned - or at least never qualify for another visa.

And if it's on the record that the illegal work is in a strip club, that opens up the additional possibility of a 212(a)(2)(D) ban. It's true that strippers aren't prostitutes, but there may be at least a bit of overlap. The intending immigrant always has the burden of proof, so once some evidence gets on the record that would tend to incriminate, it's up to the intending immigrant to demonstrate admissibility, not up to the government to prove anything. In immigration matters, people are more-or-less assumed guilty until shown innocent.