Need help please.

[visajourneyuser1 0]

Hi, Thanks ahead for reading this post and any advices would be appreciated. My fiance entered the US as a K1 Visa holder. Her k Visa now only has one more month before it s expired. We did not get married until now. Recently me and her got into a big argument and she left me to stay with her friend in the US instead of staying with me. She refused to let me know her friend, her address, and phone number. Now I have no way to find out where she is. What will happen if her K visa expire at the end of the month. Also what will happen if we still don't get married and I still have no way to find out where she is? Please help thanks.

[emiliya27 3]

Hi, Thanks ahead for reading this post and any advices would be appreciated. My fiance entered the US as a K1 Visa holder. Her k Visa now only has one more month before it s expired. We did not get married until now. Recently me and her got into a big argument and she left me to stay with her friend in the US instead of staying with me. She refused to let me know her friend, her address, and phone number. Now I have no way to find out where she is. What will happen if her K visa expire at the end of the month. Also what will happen if we still don't get married and I still have no way to find out where she is? Please help thanks.

If you don't get married within the 90day period, she'll become illegal. I'm guessing if you are a week late after this period it won't be that big of a deal, but still. Hope all works out for you, and resolve your issues!

Good luck

[krisca 0]

i hope you guys will be get things sorted out. . .otherwise she'll have to go back after 90days. . .

i'm sure she just needs time to cool down. . .hope everything will be ok with the both of you. . .God Bless. . .

[NigeriaorBust 4,087]

If you don't marry in the 90 day period she is out of status. She can not adjust status to anything else unless she marries YOU. If you do marry after the 90 days your K1 is no good so you have to pay all the fees for CR1. If she decides not to return you should notify USCIS that you no longer wish to support her immigration process. Beware of meetings with her if you are not proceeding as the only way she could stay legally is to claim abuse and that could have very negative impacts to you.

[tom&tanya 48]

If you don't marry in the 90 day period she is out of status. She can not adjust status to anything else unless she marries YOU. If you do marry after the 90 days your K1 is no good so you have to pay all the fees for CR1. If she decides not to return you should notify USCIS that you no longer wish to support her immigration process. Beware of meetings with her if you are not proceeding as the only way she could stay legally is to claim abuse and that could have very negative impacts to you.

This is the best advise.

One thing I would clarify: She has no basis to legally stay under any circumstances if you have not married yet. She could claim abuse and try to file AOS without you if you were married but not before.

[payxibka 10,044]

no longer an immigration issue specifically relating to the K-1 visa process. Moving thread

[VanessaTony 3,567]

If you don't get married within the 90day period, she'll become illegal. I'm guessing if you are a week late after this period it won't be that big of a deal, but still. Hope all works out for you, and resolve your issues!

Good luck

She does NOT become illegal. She becomes "out of status". Illegal means they entered illegally (without a visa). As she entered legally, once her I-94 expires she is out of K1 status.

[JimVaPhuong 4,863]

She does NOT become illegal. She becomes "out of status". Illegal means they entered illegally (without a visa). As she entered legally, once her I-94 expires she is out of K1 status.

This is something which is unique to VJ. There is an understandable preference on this site to clearly distinguish between an EWI and and an overstay because the distinction has a big impact on the immigration possibilities. However, I've seen a lot of people admonish others that someone who is EWI is "illegal" and someone who has overstayed is not. This is misleading, and it has no basis in immigration law.

"Illegal" means contrary to the law. An EWI has entered the US illegally, but both an EWI and and overstay are without lawful presence, which is illegal. Immigration law does not define the term "illegal alien", though the term is used a few times in title 8 of the Code of Federal Regulations as a general reference to someone who is without lawful presence. Several dictionaries, including Webster, define the term as describing both EWI's and overstays, and the term is commonly used outside of this forum to describe anyone without lawful presence.

Again, I understand the desire to make a distinction. Entering without inspection is an overt and intentional violation of immigration law, while overstaying is often not intentional and due to unavoidable circumstances. But I think it is misleading to tell someone that an overstay is not "illegal". If you told an immigration officer "I'm not illegal! I just overstayed my visa!" they would laugh at you.

[Kathryn41 3,205]

Just to clarify the OP's options:

1. you reconcile and get married before the I-94 expires: File the I-485 plus required documents to adjust status and she gets a green card

2. you reconcile and get married after the I-94 expires: She is no longer eligible to adjust status based upon a K-1 visa but she is eligible to adjust status based upon marriage to a US citizen - you need to file the I-130 along with the I-485 and all necessary documentation, paying both fees.

3. you don't reconcile and you don't get married: once the I-94 expires she no longer has legal status in the US. She will not be able to work, to study or to live legally in the US. She cannot marry someone else and apply to adjust status while remaining in the US. If she marries someone else she needs to leave the US and that person then sponsors her return to the US with an IR-1 Spousal visa (not your concern).

Once she has accrued between 180 and 364 days of illegal presence in the US, she will incur an automatic 3 year ban upon re-entry when she leaves the US. Once she has accrued more than 365 days of illegal presence in the US, she will incur an automatic 10 year ban upon re-entry when she leaves the US.

If you do reconcile and get married and she does receive a green card, you are contracted to the US Government through the Affidavit of Support submitted with the AOS until one of a certain number of conditions is met (generally expect between 5 to 10 years of obligation) even if you later divorce.

The only way she can legally stay in the US is through marriage to you.

Edited December 7, 2010 by Kathryn41