Don't want to get married anymore....

[Precious80 1]

Hi All,

I have an issue. Me and my fiance are having problems in every area in our relationship, and our relationship is on the line. I really don't want to get married to him, but I don't want to go back home (Europe) (I don't have anything anymore).

Is there a possibility to stay in the US, get a job and take care of myself.

I just came over 2 months ago and needed to get married within 90 days.

Hope you have some good advice.

Precious

[belinda63 2,981]

A K-1 visa is issued for the purpose of marrying the person who filed the petition. Sorry to say but marriage and subsequent AOS based upon that marriage is the only way for you to legally remain in the US.

[sachinky 464]

Nope. A K-1 entrant has no other option apart from adjusting their status via marriage to the original USC petitioner.

Relationship issues are to be sorted out BEFORE filing for the fiance visa. It is for committed people who are ready and sure that they are going to walk down the altar. You both signed letters of intent, stating to this effect.

If things are not working out, return home. I'm not sure how in two months you have 'nothing' left to go back to.

Edited November 20, 2010 by sachinky

[Canadiandggal 49]

Hi All,

I have an issue. Me and my fiance are having problems in every area in our relationship, and our relationship is on the line. I really don't want to get married to him, but I don't want to go back home (Europe) (I don't have anything anymore).

Is there a possibility to stay in the US, get a job and take care of myself.

I just came over 2 months ago and needed to get married within 90 days.

Hope you have some good advice.

Precious

Sorry to hear that it hasnt worked out, but be thankful that you are not married already. As far as I know there is no way for you to remain in the states without marrying your fiancee. However you could search for employment and go back to your country to try to get a work visa or study visa maybe

Good luck

[sibcita 0]

There might be a possibility for you to abandon the K1, return to your home country and apply for a J1 or H1B if you find an employer. It can be really fast if you interview and set everything up before leaving.

I haven't heard anyone doing that so far but I don't see why it would be impossible. I think your situation could use the advise of a lawyer. But in any case you have to get married if you don't want to! First is the relationship, second the immigration, sometimes people tend to forget that ;-)

Good luck

[Gary and Alla 3,694]

Hi All,

I have an issue. Me and my fiance are having problems in every area in our relationship, and our relationship is on the line. I really don't want to get married to him, but I don't want to go back home (Europe) (I don't have anything anymore).

Is there a possibility to stay in the US, get a job and take care of myself.

I just came over 2 months ago and needed to get married within 90 days.

Hope you have some good advice.

Precious

The K-1 visa does not allow for you to stay if you do not get married to the petitioner. If you remain after the I-94 expires and are not married to the petitioner, you are in an "overstay" condition. And overstay condition will eventually cause you to receive a bar to any future visas or adjustments.

[Ursa Tripudio 2]

I agree with the folks who posted before me. Especially with sachinky and Gary & Alia.

I have seen this happen before, it's sad and I'm not totally unsympathetic. However, sachinky hit the nail on the head: The K1 is NOT a 90 day 'trial period'. A great deal of what we go through is to verify a bonafide relationship that will result in a solid marriage.

IMHO Gary & Alia make the most important point for your case: Don't get into an overstay situation!

[SuperDuper! 230]

OP, sorry things didn't work out. Start making plans to return home, and then regroup.

Be glad you did this on a K1 Visa, which allows this next stage "check point" that allows 90 days to be sure about getting married.

Many CR1 visa brides are locked in to a legally-binding relationship when they arrive in US, and find themselves wanting to divorce within 90 days of being stateside.

Hey, sometimes things dont work out the way we wanted, but sometimes, we find out it wasn't what we needed.

Hang in there, and be glad you found out now.

Good luck!

[Dan and Judy 614]

I'm curious how your fiance feels about it. Does he think everything is fine? Or would he be happy to get you out of his life? Does he feel like he made a mistake in bringing you over here? Would he be willing to buy you a ticket back to your country? Does he still want to marry you?

You have 3 unattractive choices.

1. Marry this guy you dont like anymore, assuming he is willing.

However unhappy you are with him now, multiply that by 3 and that is how unhappy

you will be married to him.

2. Go back to your country: Assuming your fiance doesnt want to co operate with this

I think you would contact the USCIS and they would probably make some arrangement

to get you back to your country. You already know what life is like in your own

country. Probably the main advantage to this is you would be eligible to come back

if you managed to connect with another american man. If you decide to do this

dont wait until day 89. you need to be gone before day 91 and dont necessarily

expect your fiance to handle it for you. he may not be in the mood.

3. If you stay after the 90 days and you havent married this guy you are officially an

illegal alien. You wouldnt be able to get a legitimate job because you wont have

the proper paperwork. You would be subject to deportation if the police became aware

of your status. You would completely blow any chance of staying in the US legaly.

There are thousands of illegal aliens in this country now and some have been here for

years, but there is a major crack down on illegal aliens now.

[Wyld Blu 35]

OP, sorry things didn't work out. Start making plans to return home, and then regroup.

Be glad you did this on a K1 Visa, which allows this next stage "check point" that allows 90 days to be sure about getting married.

Many CR1 visa brides are locked in to a legally-binding relationship when they arrive in US, and find themselves wanting to divorce within 90 days of being stateside.

Hey, sometimes things dont work out the way we wanted, but sometimes, we find out it wasn't what we needed.

Hang in there, and be glad you found out now.

Good luck!

Actually the 90 days isn't a "check point" to be sure about getting married. You NEED to KNOW this before you move here. The 90 days is a deadline that the USCIS gives you to accomplish this. If you aren't sure about being married BEFORE you get to the US, you need to step back, slow down and figure it out.

Drives me crazy that people think of the 90 day deadline as a decision or trial period. You should absolutely KNOW you want to marry this person you are moving your whole life for BEFORE you get here.

-Blu-

[SuperDuper! 230]

Actually the 90 days isn't a "check point" to be sure about getting married. You NEED to KNOW this before you move here. The 90 days is a deadline that the USCIS gives you to accomplish this. If you aren't sure about being married BEFORE you get to the US, you need to step back, slow down and figure it out.

Drives me crazy that people think of the 90 day deadline as a decision or trial period. You should absolutely KNOW you want to marry this person you are moving your whole life for BEFORE you get here.

-Blu-

It is a 90 day buffer zone, where the foreign bride begins her adaptation period to the USA and her new man. There are TOO MANY cases seen on this board, where the relationship implodes prior to the 90 day marriage deadline period. Sorry you don't see it that way, but if you were a man whose Filipina flipped out on him, stole money, went out with other guys, by day 55, and then you could send her back home by day 60, then maybe you would have a different perspective. Oh, and to quote a guy who did CR1 Visa, and had the latter happen to him, "Gee, I wish I had a 90 day K1 Trial Period. "

Best wishes to you, though.

Edited November 21, 2010 by Boing!

[amesa 9]

I'm curious how your fiance feels about it. Does he think everything is fine? Or would he be happy to get you out of his life? Does he feel like he made a mistake in bringing you over here? Would he be willing to buy you a ticket back to your country? Does he still want to marry you?

You have 3 unattractive choices.

1. Marry this guy you dont like anymore, assuming he is willing.

However unhappy you are with him now, multiply that by 3 and that is how unhappy

you will be married to him.

2. Go back to your country: Assuming your fiance doesnt want to co operate with this

I think you would contact the USCIS and they would probably make some arrangement

to get you back to your country. You already know what life is like in your own

country. Probably the main advantage to this is you would be eligible to come back

if you managed to connect with another american man. If you decide to do this

dont wait until day 89. you need to be gone before day 91 and dont necessarily

expect your fiance to handle it for you. he may not be in the mood.

3. If you stay after the 90 days and you havent married this guy you are officially an

illegal alien. You wouldnt be able to get a legitimate job because you wont have

the proper paperwork. You would be subject to deportation if the police became aware

of your status. You would completely blow any chance of staying in the US legaly.

There are thousands of illegal aliens in this country now and some have been here for

years, but there is a major crack down on illegal aliens now.

Can a non-US citizen get another K-1 visa if they already received one before and ended up going back to their country and not getting married? My findings and my understanding of this is that it's one shot...for life. If you get it and you don't get married, then you go home and cannot come back to the US through another K-1 visa petition. Am I understanding that correctly?

[Canadiandggal 49]

It is a 90 day buffer zone, where the foreign bride begins her adaptation period to the USA and her new man. There are TOO MANY cases seen on this board, where the relationship implodes prior to the 90 day marriage deadline period. Sorry you don't see it that way, but if you were a man whose Filipina flipped out on him, stole money, went out with other guys, by day 55, and then you could send her back home by day 60, then maybe you would have a different perspective. Oh, and to quote a guy who did CR1 Visa, and had the latter happen to him, "Gee, I wish I had a 90 day K1 Trial Period. "

Best wishes to you, though.

I am not saying its a trial period but at least these people have found out that it will not work out in the long run.... Heck I give you an A+ for asking for advice as some people would just marry the guy to stay in the country. I think k-1 visas are great, if you find out its just not working then you can go home without much problems. Relationships dont always work out no matter how you feel at certain points...some people are happily married and the next day wanting a divorce so she could have thought/knew that she wanted to MARRY HIM and then something happened that she could not change and it affected her mind/heart so she no longer wants to marry him. Some people turn out to be the opposite person that we think we know. However I do not think it is right for anyone to use the system in anyway, there are a lot of us true legit people here who had to wait quite a long time to live with our husband/fiancee.

[belinda63 2,981]

You can have as many people as you want file a K-1 for you, of course not at the same time . There is no life-time limit on it. But do keep in mind that repeated attempts at a K-1 visa might raise questions as to your intent, in other words are you just shopping for a way into the US or is it really love? (not me saying this but might be a question in the interviewer's mind).

[JimVaPhuong 4,863]

Here's my bullet list:

• The OP cannot stay in the US legally. Either marriage to the petitioner or a successful asylum claim are the only two options available. The K1 entry doesn't allow for any other route to immigrate.
  
• The 90 day period is not intended to be a "trial period". It's intended only to provide enough time for the petitioner and beneficiary to get married - nothing more. That said, there are lots of people who discover that the relationship just isn't going to work within this 90 day period. Consider this a 'side benefit' of having 90 days to get married, and not specifically an intended use of this period of time. Be damned sure that both parties want to marry before you send the petition.
  
• USCIS will not help the OP return to their home country unless they are deported. If they leave voluntarily then they must arrange their own transportation. They may be able to get help from the embassy of their home country in the US.
  
• There is no cap on how many K1's a beneficiary can apply for. Plenty of people have been approved for a K1, but something came up and they couldn't move to the US before the visa expired. They subsequently applied and were approved for a second K1. It doesn't raise any suspicions if it's the same petitioner. If a subsequent K1 is filed by a different petitioner then it substantially raises the level of suspicion that the beneficiary's primary goal is immigration rather than a genuine relationship.
  

Precious80, you asked for "good advice". My advice is to go home and start putting your life back together. As difficult as you think it will be to return home, it will be far more difficult to remain in the US. You have no path to legal immigration without marrying your fiance. Being in the US as an illegal alien might be appealing to someone from a third world country, but living legally in any country in Europe would be better than being an illegal alien in the US.