Overstay K1 Visa

[Sabrin 0]

My Fiance is in America and she is close to her K1 visa expiring. Due to uncontrollable circumstances, we are unable to get married before her visa expires, so what is the penalty if she stays and we get married 2 weeks after it expires?

[VinhBao MyTam 3]

Is there any way you can do a quick civil ceremony before it expires?

[Darnell 8,478]

visa expiring? what?

go back and look at the I-94 document - when - exactly - does it expire?

[Claudia2010 1]

2 weeks later seriously you need to do it before it expires or she will have to go back to her country there is no penalties i believe she will just have to go back to her home country..good luck i hope you get decide to do it like tomorrow think about it i think the court house its half price lol..

[payxibka 10,045]

2 weeks later seriously you need to do it before it expires or she will have to go back to her country there is no penalties i believe she will just have to go back to her home country..good luck i hope you get decide to do it like tomorrow think about it i think the court house its half price lol..

if you marry two weeks after the i-94 expires, she stays here and you file the i-130/i-485 rather than just the i-485 had you gotten married before i-94 expiration. not a big deal

[Harpa Timsah 13,258]

if you marry two weeks after the i-94 expires, she stays here and you file the i-130/i-485 rather than just the i-485 had you gotten married before i-94 expiration. not a big deal

Yes but $420 more.

[amykathleen2005 441]

The 90 days to marry really is the only stipulation of the visa and you haven't fulfilled it, why bother to have even applied?

Anyways, are you sure in the time you have left you cannot meet a minister or a judge or a sea captain to get married ASAP?

[payxibka 10,045]

Yes but $420 more.

and? consequences of their choice

[Sabrin 0]

It is not possible due to work obligations, so either she will have to go back or wait two weeks. Ideally, I would like to wait the two weeks.

[Fandango 1,439]

this is very interesting. In 90 days, you literally don't have even an hour to go to the courthouse?

Edited February 14, 2011 by Lisa C

[Harpa Timsah 13,258]

and? consequences of their choice

I don't know why there is so much sass on this site from not only members, but organizers. I would think it good that someone mention it costs more, so they can make their decision. "Not a big deal" indicates it is little difference. Just want to say it's some more money. That's why the "and?" I'm not arguing with you, just adding something I think that might be a factor in making their decision.

[pushbrk 12,975]

It is not possible due to work obligations, so either she will have to go back or wait two weeks. Ideally, I would like to wait the two weeks.

It's your choice. You'll follow the AOS guide for adjusting from tourist or other visas. You'll file an I-130 in addition to the I-485, and she'll need a new medical. These days, it's difficult to avoid the new medical anyway unless you got all the vaccinations abroad and got your own copy of the completed medical forms.

If you really can't find a way to meet the marriage requirement within the 90 days, that's your alternative. One clarification though. The expiration date of her visa becomes meaningless the day she first uses it to enter the USA. Your 90 days is from that date and will be the expiration date stamped on her I-94. The visa is dead on arrival regardless.

[VinhBao MyTam 3]

It is not possible due to work obligations, so either she will have to go back or wait two weeks. Ideally, I would like to wait the two weeks.

I understand work obligations can make it difficult. But where there's a will there's a way. Perhaps if you can give more specifics we can put our heads together to come up with a workaround.

My assumption would be that you are scheduled to work during the times that the city hall or wherever you need to go for the marriage license is open? Let us know if that's the case. And if it is, where you are located.

You may find another county or even another state for example close enough that has a different schedule etc... but since marriage laws are so different everywhere, it would be difficult to say without more specifics.

[Rebecca Jo 1,962]

It is not possible due to work obligations, so either she will have to go back or wait two weeks. Ideally, I would like to wait the two weeks.

You are kidding, right?

[Fandango 1,439]

Out of curiosity, I was under the incorrect notion that if you don't marry within the 90 days, you will have to somehow start all over. Can one of you explain further about this i130?