If Fiance does not get married within 90 days

[Brother Hesekiel 2,236]

+1 to PshBrk!

I have no doubt that some K-1s' desire to get married to a US citizen is fueled by the prospect of a prosperous life in the Land of Milk and Honey. Once reality kicks in and they find themselves not as much in love with their US fiance as they initially imagined, they may be inclined to look for another way to stay legally, hire an attorney, marry somebody else, etc. and by the time reality kicks in, the train not only has left the station, but has disappeared on the horizon for good.

For that very reason I agree with PshBrk: tell 'em the truth and don't keep up the flame of hope that there is another solution when there in fact is none.

[Sergi9 110]

I totally agree with you on this. The difficult thing is she wants to stay and not go back because its very difficult for her to come back. But like you said if he change his mind when she got here and started to change with her its probably best for the two. Another thing is she is not working because she does not have a SS card yet and she would not have any money to buy a ticket back. Would she be stuck here?

Thanks for the tip. She is very worried about not having money for a return flight due to not working or having a SS card.

I think if the Fiance brought her here, and the marriage doesn't go through the "upstanding" thing to do and perhaps even the legal correct thing to do is assist her with the flight back. She isn't stranded because she isn't working that was known going in, but the circumstances have changed and she and her fiance knew this was a possibility with this type of arrangement, so they should cooperate in her return.

[sachinky 465]

Life happens and people change their minds and/or behavior but the K1 is a fiance(e) visa, not a trial relationship visa. Buyer beware. Make your plans and decisions wisely, then handle the results like an adult.

Couldn't agree more!

[sachinky 465]

To answer the OP: "if fiancee does not get married within 90 days," fiancee needs to be on the next flight home. There is simply no way around the situation. None.

[George & Gina 29]

Me and my wife are happily married. I have a friend that has just arrived on a K1 fiance visa and she is worried that her boyfriend won't marry her because she said he has changed a lot since being together here. He is giving her altimatums. If she does not get married within the 90 day period what can she do? She wants to stay here and work. Will she need to return back to her home country? Can she stay here and speak with immigration to see if she can stay?

She can submit to his (I assume unreasonable) ultimatums and get married to him or leave the US. The US does not require that she return to her "home" country, just that she leave the US.

George

[Darryl1 0]

Please allow me to make a comment that may sound off topic. Many times I read comments that sound like "if you don't comply with this, or if you don't marry that, etc. then you are packed on the first plane back home and bye bye to the US". This kind of comments sound inappropriate to me.

I understand that the US is the land of opportunity and many people want to live here because it's the best country in the world etc. etc. But please also consider that we (foreigners on a K1 visa) came here exclusively for personal/family reasons, so if things don't work out with the loved one, it's so much better to go home, which in many cases (I think of several European countries) is at least not worse than here. What I mean is that we are not receiving a favor.

Back to the question: yes, if the K1 visa holder doesn't marry, he/she will have to return home.

Merry Christmas to all.

Hum

I thought that all they did was answer the questions with the facts of the laws and rules that apply to the question. They did not personally attack or assume anything about the other person that I read. Maybe I missed something in the posts, I do not think I did. You are expecting an emotional answer based on your assumption that they are being condescending to the foreign person. and they just answered with the facts of the law. That fact are that they came on a K1 visa with the understanding to marry the sponsor in 90 days. If they do not marry then the laws say they must leave. Now does that mean they are saying that is right or wrong? no, just that this is the law. I agree with what you are saying about people coming here and how they feel, after all I am married to and love very much one of those people that came here. I just do not see what triggered you to vent this towards the posters answering the question with good and correct advice.

You somehow felt that the posters was being condescending to the foreign person of question? I know and understand That there are a lot of people who do see their self as better than others. I am sorry but I just do not see how you felt this after reading their post. Think about it, this site is a site filled by people who have one thing in common with each other. That is we all love someone from another country by birth. For the most part you would be hard pressed to find a bigot towards forien persons here. Granted sometimes I think a few trolls show up here and try to start a war by posting something that is obviously baiting an angered response. But when that happens the moderators take care of things and put out the flames quickly before it consumes much.

Nothing personal, God bless you, Merry Christmas, Happy New Year

[jrmejia 31]

It's not the content of the answer itself to be inappropriate, it's the way the "legal truth" is expressed that sounds rather rude, at least to me as a foreigner with very limited English skills.

I couldn't find anywhere in the law that "all immigrants who don't get married will be packed on the first plane and sent back to their home country and bye bye to the US". This section of the law, unknown to me, should probably continue with "and get the f outta here pronto", right?

As I said before, those who come here on a K1 do it to get married and be together with their loved one. Most of the times, they accept and face more sacrifices than they would have, had they remained in their home country. If things don't work out well, for the most various reasons, I can assure you that there is no need to be packed into anything. They know the way to the airport already. Parcels who are sent by error to a wrong destination and need to be sent back belong to a different category.

I kind of agree with you. Some times people do not use the right words explaining part of the process. They just say "send it back home as if home is a JUNGLE." I understand your point. I am sure other will not.

[turboman 0]

Me and my wife are happily married. I have a friend that has just arrived on a K1 fiance visa and she is worried that her boyfriend won't marry her because she said he has changed a lot since being together here. He is giving her altimatums. If she does not get married within the 90 day period what can she do? She wants to stay here and work. Will she need to return back to her home country? Can she stay here and speak with immigration to see if she can stay?

If she is really desperate to stay and work here, then she can as well stand all odds and go ahead with da marriage, go tru the hardship it entails..and after some few years...divorce...just an advice though..but dt z if she z really desperate...other than dat...deni guess she ll have to go back to her country...because even if she goes back home, it will still be on her record ...and if she eventually sees her true love IN THE US AGAIN, then her last wound would show up on file...

[pushbrk 13,589]

I kind of agree with you. Some times people do not use the right words explaining part of the process. They just say "send it back home as if home is a JUNGLE." I understand your point. I am sure other will not.

Absolutely nobody used the word "send" except the two people overreacting to the clear statement of facts. "Leave" and "Go" were the terms used because they accurately reflect the law. I invite both those who complained to offer their own answer. Please teach us how to say, "You must either marry the petitioner within 90 days or leave the USA." in such a way that it is clear that, "You must either marry the petitioner within 90 days or leave the USA." is clear and YOU would not find it "rude".

Those who said the visa holder must "go home" were not accurate. As has been previously stated, the requirement is to leave the USA, not to "go home". However, most in this situation will chose their home country as their destination when they "leave".

[Rebecca Jo 1,962]

I think our friend newlyweds2010 is referring to Post #5 in this thread by the member Boing.

[pushbrk 13,589]

I think our friend newlyweds2010 is referring to Post #5 in this thread by the member Boing.

Quite possibly so. I took that particular section of the post as illustrative or descriptive poetic license as opposed to informative and moved on. Interpretation is in the eyes and control of the reader.

[Rebecca Jo 1,962]

Quite possibly so. I took that particular section of the post as illustrative or descriptive poetic license as opposed to informative and moved on. Interpretation is in the eyes and control of the reader.

That's true, it is.

The part of newlyweds post that I liked was where they talked about what the immigrant gives up to come to America. You have to admit that gets overlooked sometimes. I have no idea what the membership ratio on VJ is of foreign spouses from developed countries vs. poorer nations. Or nations where there is political strife vs. nations with relative peace. My husband is European. It wasn't his ambition to move to the US despite past political turmoil in his homeland. People from other countries may have a desire to stay in the US even if the relationship which brought them here does not work out. But many many foreign spouses have given up quite a lot to come here. I've always been amazed at the sacrifices of my husband and (because of his sacrifices) my perspective lends to sympathy for the foreign partner whose relationship has failed.

I'm rambling - sorry. I do think some people have another motive besides love when moving to the US. I think some don't and that's where newlyweds was coming from. I think some people here are quick to assume an ulterior motive when the relationship fails. It's better not to assume that and just stick to the facts (as you have said) that the K1 cannot adjust status in the US without marriage to the USC petitioner.

[pushbrk 13,589]

That's true, it is.

The part of newlyweds post that I liked was where they talked about what the immigrant gives up to come to America. You have to admit that gets overlooked sometimes. I have no idea what the membership ratio on VJ is of foreign spouses from developed countries vs. poorer nations. Or nations where there is political strife vs. nations with relative peace. My husband is European. It wasn't his ambition to move to the US despite past political turmoil in his homeland. People from other countries may have a desire to stay in the US even if the relationship which brought them here does not work out. But many many foreign spouses have given up quite a lot to come here. I've always been amazed at the sacrifices of my husband and (because of his sacrifices) my perspective lends to sympathy for the foreign partner whose relationship has failed.

I'm rambling - sorry. I do think some people have another motive besides love when moving to the US. I think some don't and that's where newlyweds was coming from. I think some people here are quick to assume an ulterior motive when the relationship fails. It's better not to assume that and just stick to the facts (as you have said) that the K1 cannot adjust status in the US without marriage to the USC petitioner.

That's all very true and many K1 visa holders give up a good life and job then leave their families behind in another country to come here and be with a US Citizen spouse.

The problem is, that discussions about what we like or don't like about HOW somebody gave accurate information, is simply off-topic and therefore inappropriate for these primary immigration forums, BECAUSE such commentary and discussion detract from getting members the critical answers they need. Sometimes such discussions confuse the answer. I would certainly want to avoid anybody getting the impression there's any other legal option for the person in question to stay in the USA, instead of leave, regardless of their motives for coming or their reasons for wanting to stay.