K1 after 90 no marriage

[ThaiSweed102 0]

Hi everyone,

I tried to look for this info. but I can't seem to find an answer for my question so, that why I need you guys to help me. My fiance came here with K1 visa and we decided not to get marry at this time. He will be leaving next week because his visa will be expiring. So, here is my question, when can he come back to United States again? Can he come back right away or there are waiting period? He is from Sweden so he doesnt need to apply for tourist visa or anything like that.

Thank you,

Edited March 15, 2010 by ThaiSweed102

[L_n_O 3]

uh no

I'm pretty sure that'll cause major problems with your K1 visa.

Is there any particular reason you decided not to marry?

[ThaiSweed102 0]

uh no

I'm pretty sure that'll cause major problems with your K1 visa.

Is there any particular reason you decided not to marry?

He doesnt like life in US too much. He came from a small town in Sweden to come to NYC just little too much for him to handle. I want him to move here so we both can work and make a living. If i move there I will not be able to work right away from I dont speak nor write in Swedish. So, we decide not to marry.

[Sc0tt28 26]

Hi everyone,

I tried to look for this info. but I can't seem to find an answer for my question so, that why I need you guys to help me. My fiance came here with K1 visa and we decided not to get marry at this time. He will be leaving next week because his visa will be expiring. So, here is my question, when can he come back to United States again? Can he come back right away or there are waiting period? He is from Sweden so he doesnt need to apply for tourist visa or anything like that.

Thank you,

As long as he leaves before the expiration date on his I-94 (before the 90 days), he'll be able to use the visa waiver program. If he overstays, then he will have some problems.

P.S. - The visa doesn't need to be valid because you can enter on the last day of the visa and get the 90 days. Just go by the date on the I-94.

Edited March 15, 2010 by Sc0tt28

[Badgerella 5]

He doesnt like life in US too much. He came from a small town in Sweden to come to NYC just little too much for him to handle. I want him to move here so we both can work and make a living. If i move there I will not be able to work right away from I dont speak nor write in Swedish. So, we decide not to marry.

I am not sure I fully understand your plans, but the way I see them, they do not seem to make much sense, or in other words, they are likely to not happen that way.

Once your fiance leaves the US and this current K1 visa expires he will not be able to come back to the country without:

a) using Visa Waiver Program - this might simply fail because of his K-1 history;

b) applying and being issued another visa (immigrant or non-immigrant)

Either way, your Swedish fiance can't just come to the US and start working. For that, he needs either a work visa, or a work permit once he is admitted to the US.

[ThaiSweed102 0]

As long as he leaves before the expiration date on his I-94 (before the 90 days), he'll be able to use the visa waiver program. If he overstays, then he will have some problems.

P.S. - The visa doesn't need to be valid because you can enter on the last day of the visa and get the 90 days. Just go by the date on the I-94.

Yeah he will be leaving on Sunday March 21, so that will be his 88 days in US. Will be sad to see him go but, I just hope he can come back in a month or 2 for visit. Just too bad that we spent so much money and time into getting this visa, but what you gonna do right? things happen and I dont want to force him to stay in NYC. I just need to know if he can come back to the US right away or he have to wait 3 months before enter US again?

[Sc0tt28 26]

I am not sure I fully understand your plans, but the way I see them, they do not seem to make much sense, or in other words, they are likely to not happen that way.

Once your fiance leaves the US and this current K1 visa expires he will not be able to come back to the country without:

a) using Visa Waiver Program - this might simply fail because of his K-1 history;

b) applying and being issued another visa (immigrant or non-immigrant)

Either way, your Swedish fiance can't just come to the US and start working. For that, he needs either a work visa, or a work permit once he is admitted to the US.

Wow, I totally missed that part the first time around...thanks badgerella. Yeah, he can't work here. I guess I thought the OP was talking about working in Sweden for a while, saving up money to visit in the states. He'll probably need ties and eqities to Sweden (or someplace) in order to even visit using the visa waiver program once CBP sees that he entered on a K-1 in the fairly recent past.

[ThaiSweed102 0]

Wow, I totally missed that part the first time around...thanks badgerella. Yeah, he can't work here. I guess I thought the OP was talking about working in Sweden for a while, saving up money to visit in the states. He'll probably need ties and eqities to Sweden (or someplace) in order to even visit using the visa waiver program once CBP sees that he entered on a K-1 in the fairly recent past.

Umm I didnt think is going to be this complicated I guess I was wrong ;o( Well, we only got a week to go before he have to leave and it just too late for us to even think about AOS. Ah! what can I do now? I wish I knew this earlier. So, he cant come back anytime soon? He had a house and about 100 acers of land, so he does have ties to Sweden.

[Sc0tt28 26]

Umm I didnt think is going to be this complicated I guess I was wrong ;o( Well, we only got a week to go before he have to leave and it just too late for us to even think about AOS. Ah! what can I do now? I wish I knew this earlier. So, he cant come back anytime soon? He had a house and about 100 acers of land, so he does have ties to Sweden.

You need to be married to do the AOS anyway.

Not saying he can't come back soon, he just will need to show proof that he isn't planning on living here illegally (aka ties and equities).

[Badgerella 5]

Umm I didnt think is going to be this complicated I guess I was wrong ;o( Well, we only got a week to go before he have to leave and it just too late for us to even think about AOS. Ah! what can I do now? I wish I knew this earlier. So, he cant come back anytime soon? He had a house and about 100 acers of land, so he does have ties to Sweden.

It's not too late for anything. All you need to do for your fiance to LEGALLY stay in the country is to get married before the visa expires. For that, you still have time. Once you're married you can start thinking about, as well as working on AOS.

If you stick to your decision to not get married at this time, you'll have to be aware of the fact that he might not be let into the country right away.

[ThaiSweed102 0]

You need to be married to do the AOS anyway.

Not saying he can't come back soon, he just will need to show proof that he isn't planning on living here illegally (aka ties and equities).

Thank you Scott. Do you know who I can call?

[Badgerella 5]

Thank you Scott. Do you know who I can call?

I'm not Scott, but still...

You do not need to call anyone. Actually, you can't. It's all up to your fiance to prove his ties to Sweden when he'll be coming back to the US to visit you.

If you're choosing the marriage/AOS route, there is nobody but your local government center you need to call - all you need is a marriage licence and an appointment with a court administrator/priest.

[Sc0tt28 26]

Thank you Scott. Do you know who I can call?

Well, it depends on why you want to call someone.

To find out if he can use the visa waiver program?

You can try and call your closest port of entry (either land border or international airport) just to see what they say about whether or not they think he'll be allowed back into the country. You can find ports of entry information at CBP.gov.

Just to save you some time though, the land that he owns probably won't be enough. He will likely need to show proof that he has a job, pays taxes in Sweden, pays utilities, has friends in Sweden. Basically, if he wants to come to the US as a visitor, then that is a short term visit, meaning that he will return to Sweden and the only reason he would go back there is if he had something to go back to right?

[ThaiSweed102 0]

I'm not Scott, but still...

You do not need to call anyone. Actually, you can't. It's all up to your fiance to prove his ties to Sweden when he'll be coming back to the US to visit you.

If you're choosing the marriage/AOS route, there is nobody but your local government center you need to call - all you need is a marriage licence and an appointment with a court administrator/priest.

Thank you all of you. Now I know what we have to face but I dont think he will have any problem showing this ties to Sweden because of his house and properties. So, this is making me feel little bit better about the future. We do love each other but we cant decide where to live just yet.

[Badgerella 5]

Thank you all of you. Now I know what we have to face but I dont think he will have any problem showing this ties to Sweden because of his house and properties. So, this is making me feel little bit better about the future. We do love each other but we cant decide where to live just yet.

The house and other property might not really mean all that much - he owns them right now, too, and he is in the US, where he came with the intent to get married.

You will probably have to rely on a Swedish job, or something along the lines of that. The fact that your fiance has you in the US will work 'against' him every time he gets to a POE.