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Fiance visa to expire

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In less than a month my fiance's K1 visa will expire. She want's to be sure about the marriage and does not want to marry just because of the 90 day requirement. I was ready to go ahead with the marriage but of course I am now worried if she is not ready.

She was thinking that she could staya and marry later. But she now understands that on day 91 she will be out of status and must return to her home country, or she is an illegal with probably no chance of ever getting permanent residency. If she returns to her home country, she is thinking that she can apply for a fiance or spouse visa later. I cannot imagine going through this process again, not to mention the expense.

Many questions arrise.

Can she request an extension of the K1?

If she returns to her home country, and we cancel the current K1, what is the likelyhood that another K1, or K3 spouse visa will be approved later on?

What is the likelyhood of her being approved for a tourist visa, so that we could see each other?

If she over stays and we marry a few months from now, I would think an application for adjustment of status would be shot down and she would be deported?

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Filed: K-1 Visa Country: Brazil
Timeline

About extension:

9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a six-month period, has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.


I only offer advice - not even legal. Just the plain and simple kind.

Timeline (incompleta)

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Filed: Country: Spain
Timeline

after day 91, you will be out of status. If you are planning on getting married...DO NOT LEAVE the US, as you will not be getting back in without a new visa. Since she entered legally, get married after day 91 if you want. You will now be required to go thru the I-130 route whcih means being stuck until it is approved.


I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

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Would this mean that she could leave the country before the 90 days is up and return in say 3 months and we could marry just as long as it's before the end of the six month period, assuming she gets a new K1 from the consulate.

Would this then be a direct consular filing?

About extension:
9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a six-month period, has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.

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Filed: Timeline
If a K-1 visa..... has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa

Chances are, if she left tomorrow, she could only return to her country and would have to be back and married in 30 days or less, in your case, and even that would be predicated on an immediate extension of the K-1. You said you are approaching 60 days already.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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What is there to think about? She got a visa and got all affidavits swearing to get married within 90 days of entering the US and now she is not sure? Please send her ### back to where she came from and get another woman! People like this really annoy me.

Other people are waiting to get visas, and some of those who have them are playing with what they have.

I wish this visa would have taken 10 years to process, to give her enough time to think about whether to get married or not,once she gets here.

FYI, the assumption of the K-1 visa is that one is already decided on getting married at the time the initial I-129F is filed. Otherwise why call oneself a fiance?

------

In less than a month my fiance's K1 visa will expire. She want's to be sure about the marriage and does not want to marry just because of the 90 day requirement. I was ready to go ahead with the marriage but of course I am now worried if she is not ready.

She was thinking that she could staya and marry later. But she now understands that on day 91 she will be out of status and must return to her home country, or she is an illegal with probably no chance of ever getting permanent residency. If she returns to her home country, she is thinking that she can apply for a fiance or spouse visa later. I cannot imagine going through this process again, not to mention the expense.

Many questions arrise.

Can she request an extension of the K1?

If she returns to her home country, and we cancel the current K1, what is the likelyhood that another K1, or K3 spouse visa will be approved later on?

What is the likelyhood of her being approved for a tourist visa, so that we could see each other?

If she over stays and we marry a few months from now, I would think an application for adjustment of status would be shot down and she would be deported?

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What is there to think about? She got a visa and got all affidavits swearing to get married within 90 days of entering the US and now she is not sure? Please send her ### back to where she came from and get another woman! People like this really annoy me.

Other people are waiting to get visas, and some of those who have them are playing with what they have.

I wish this visa would have taken 10 years to process, to give her enough time to think about whether to get married or not,once she gets here.

FYI, the assumption of the K-1 visa is that one is already decided on getting married at the time the initial I-129F is filed. Otherwise why call oneself a fiance?

------

In less than a month my fiance's K1 visa will expire. She want's to be sure about the marriage and does not want to marry just because of the 90 day requirement. I was ready to go ahead with the marriage but of course I am now worried if she is not ready.

She was thinking that she could staya and marry later. But she now understands that on day 91 she will be out of status and must return to her home country, or she is an illegal with probably no chance of ever getting permanent residency. If she returns to her home country, she is thinking that she can apply for a fiance or spouse visa later. I cannot imagine going through this process again, not to mention the expense.

Many questions arrise.

Can she request an extension of the K1?

If she returns to her home country, and we cancel the current K1, what is the likelyhood that another K1, or K3 spouse visa will be approved later on?

What is the likelyhood of her being approved for a tourist visa, so that we could see each other?

If she over stays and we marry a few months from now, I would think an application for adjustment of status would be shot down and she would be deported?

i second that, are you sure she actually wants to marry you for the right reasons? some wait years, you have it way to easy, and she obviously doesnt respect the "easy" route...


6/21/2006 - sent i130.i485,i131,i765,biometrics, sponsor

6/23/2006 - recieved by MSC

6/27/2006 - notice date on NOA

7/26/2006 - fingerprinting

recieived notice for interview... duno when

9/2/2006 - all apps touched

9/13/2006 - interview. waiting for bkground, no approve.deny case will be reviewed as my case in more complicated., i1131, i485 sepereated from file, claimed that they will be sent for processing

9/22/2006 - called national customer support., been 90 days, no interim ead (i knew i wldnt have it yet) was told to go to santa ana

9/26/2006 - office claims file is floating around somewhere in the mail room, they will find my work permit app and travel doc app and send it for processing

9/26/2006 - drive to LA to double check what they said, office at LA claims that santa ana sent work p, travel to NBC

9/27/2006 - EAD, Travel docs touched

9/28/2006 - EAD, Travel docs tocuhed

9/29/2006 - :( nothing touched, no letters no emails :(:( ---- waiting., will send letter to congressman monday

10/2/2006 - Travel Docs Touched, nothing new on EAD....Wife sent letter to congressman

10/2/2006 - Got Travel Doc in the mail

10/2/2006 9:30 PM PST, 5 email ead approved, will mail me new card

10/6/2006 10:30 AM PST, got 3 emails saying that they have mailed out an approval letter for my EAD... hmmm wheres the damn EAD,

10/7/2006 - Got EAD with a TYPO in a#!!!! in the mail

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Filed: K-1 Visa Country: Brazil
Timeline
after day 91, you will be out of status. If you are planning on getting married...DO NOT LEAVE the US, as you will not be getting back in without a new visa. Since she entered legally, get married after day 91 if you want. You will now be required to go thru the I-130 route whcih means being stuck until it is approved.

Yes. From the guides:

What happens if we do not get married within the 90 day validity of the K1 visa?

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

As long as she doesn't leave the U.S.


I only offer advice - not even legal. Just the plain and simple kind.

Timeline (incompleta)

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Filed: Timeline

What is there to think about? She got a visa and got all affidavits swearing to get married within 90 days of entering the US and now she is not sure? Please send her ### back to where she came from and get another woman! People like this really annoy me.

Other people are waiting to get visas, and some of those who have them are playing with what they have.

I wish this visa would have taken 10 years to process, to give her enough time to think about whether to get married or not,once she gets here.

FYI, the assumption of the K-1 visa is that one is already decided on getting married at the time the initial I-129F is filed. Otherwise why call oneself a fiance?

------

In less than a month my fiance's K1 visa will expire. She want's to be sure about the marriage and does not want to marry just because of the 90 day requirement. I was ready to go ahead with the marriage but of course I am now worried if she is not ready.

She was thinking that she could staya and marry later. But she now understands that on day 91 she will be out of status and must return to her home country, or she is an illegal with probably no chance of ever getting permanent residency. If she returns to her home country, she is thinking that she can apply for a fiance or spouse visa later. I cannot imagine going through this process again, not to mention the expense.

Many questions arrise.

Can she request an extension of the K1?

If she returns to her home country, and we cancel the current K1, what is the likelyhood that another K1, or K3 spouse visa will be approved later on?

What is the likelyhood of her being approved for a tourist visa, so that we could see each other?

If she over stays and we marry a few months from now, I would think an application for adjustment of status would be shot down and she would be deported?

i second that, are you sure she actually wants to marry you for the right reasons? some wait years, you have it way to easy, and she obviously doesnt respect the "easy" route...

Hmm. I'd think it it were for the wrong reasons, she'd not hesitate to marry ;) As distasteful as it is for those that know they are appropriately ready to marry upon entry, not marrying for the sake of marrying can be a blessing to both.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Filed: K-1 Visa Country: China
Timeline

You HAVE TO get married within 90 days.

There is no way for her to get an extension.


Steve (WA,US) & Anne (SH,CN)

P1..............2004/10/04

P2..............2005/01/10

P3..............2005/04/07

P4..............2005/08/02

Interview.....2005/09/19

Married.......2005/10/29

Filed I-485...2005/12/17

RFE submit...2006/02/27

Interview......2006/08/31

Fingerprint....2006/09/07

wel letter......2006/09/19

I-551...........2006/10/02

Share my experiences with you, China-->U.S.

Check out my website : Click here

I am not an attorny, but someone did what you are doing or going to do.

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Filed: Timeline
What is there to think about? She got a visa and got all affidavits swearing to get married within 90 days of entering the US and now she is not sure? Please send her ### back to where she came from and get another woman! People like this really annoy me.

Other people are waiting to get visas, and some of those who have them are playing with what they have.

I wish this visa would have taken 10 years to process, to give her enough time to think about whether to get married or not,once she gets here.

FYI, the assumption of the K-1 visa is that one is already decided on getting married at the time the initial I-129F is filed. Otherwise why call oneself a fiance?

I agree. You guys shouldn't have bothered to get it unless you both wanted to get married.


24 June 2007: Leaving day/flying to Dallas-Fort Worth

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Filed: Citizen (apr) Country: England
Timeline

K1 doesn't allow people long, and often people who get a K1 have not spent a large amount of time in each others' presence. I would say it's better to not marry if you're not sure and you've not spent much time together.

Thinking you're sure and being sure are not always the same thing...


Make sure you're wearing clean knickers. You never know when you'll be run over by a bus.

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Filed: Citizen (pnd) Country: Thailand
Timeline

I don't know your whole story, but bottom line, given all it took to get her here, and now she's not sure, (if I were you), I'd be VERY UNSURE myself! I wish there was a 'divorce' forum here you could go read. I've read some stories here that would curl your toes!

As hard as it may be to accecpt, I'd accept it, send her back, and count my lucky stars that you didn't get married - tears now are better than tears plus an absolute nightmare later, (after you're married).

I continually, (to the point of being annoying sometimes), ask Pao "are you SURE this is really what you want", and we discuss all the negatives as well as positives.

I am of the belief that 'love is not enough' to ensure a happy relationship. There should be common goals, common interests, common beliefs about life, religion and child rearing, etc.

Now is the time to be very careful and save yourself alot of grief down the road.

IMHO

Bill

Edited by TucsonBill

I-129f Journey:

2006-07-17 I-129F sent to CSC

2006-07-24 NOA1 (received)

2006-10-05 RFE (received)

2006-10-06 RFE (returned to CSC)

2006-10-23 NOA2

2007-01-29 Visa Approved!

2007-02-17 Ceremony in Thailand

2007-02-21 POE LAX - Fiance and her daughter enter the USA together, Easy-Peasy!

2007-03-05 Wedding in USA

AOS Journey:

2007-06-07 AOS for spouse and daughter sent

2007-06-16 NOA's arrive, (issued on the 13th)

2007-07-05 Biometrics

2007-07-13 Received RFE (Mailed on July 3rd)

2007-08-06 Returned RFE

2007-10-16 Interview date

2007-10-27 Green Cards Received!

ROC (I-751) Journey:

2009-07-24 Joint I-751 for spouse and daughter sent

2009-08-03 Received NOA1 dated 7/27/09

2009-08-03 Received Receipt and one year extension for wife

2009-08-03 Received "Verification Of Incusion Of A Dependent" for step-daughter

2009-08-27 Biometrics

2009-11-13 Green Cards Received

Citizenship Journey:

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Filed: AOS (pnd) Country: Morocco
Timeline
In less than a month my fiance's K1 visa will expire. She want's to be sure about the marriage and does not want to marry just because of the 90 day requirement. I was ready to go ahead with the marriage but of course I am now worried if she is not ready.

She was thinking that she could staya and marry later. But she now understands that on day 91 she will be out of status and must return to her home country, or she is an illegal with probably no chance of ever getting permanent residency. If she returns to her home country, she is thinking that she can apply for a fiance or spouse visa later. I cannot imagine going through this process again, not to mention the expense.

Many questions arrise.

Can she request an extension of the K1?

If she returns to her home country, and we cancel the current K1, what is the likelyhood that another K1, or K3 spouse visa will be approved later on?

What is the likelyhood of her being approved for a tourist visa, so that we could see each other?

If she over stays and we marry a few months from now, I would think an application for adjustment of status would be shot down and she would be deported?

when i checked into the k-1 visa my attorney told me that its mainly for couples who really want to marry without a doubt. and that if you dont marry he or she would have to leave the U.S. and they more then likely wont be granted another visa.. because they will think that u used the k-1 just for a visit. and thats not what the k-1 visa is for... people need to make sure with there whole heart that this is what they want... the k-1 is not a 90 day trial!!! best of luck!!!

michelle/otman


AOS

02/06/2007 - sent AOS and EAD to Chicago

02/14/2007 - fees came through the bank, it's rolling!!

02/20/2007 - letter for Biometrics appointment on 03/01/2007

03/01/2007 - Biometrics appointment was painless

03/10/2007 - NOA1 AOS was transferred to CSC!!!!

03/28/2007 - touched AOS

03/29/2007 - touched AOS

04/06/2007 - welcoming letter (by email)

04/11/2007 - AOS approval (by email)

04/12/2007 - 2yr. green card in hand...omg!!

06/29/2007 - bought our new house

Mr. & Mrs. Otman Elaroussi

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Filed: Citizen (apr) Country: Brazil
Timeline

True, a K1 visa is not to be taken as a 90 day try out. It's for two people who wants to get married to be able to do so the most legal way. They give you 90 days simply 'cus some marriages take time to organize, but if you take into account that you can do a big marriage at any time after the civil one, 90 days is MORE than enough time to get legally married.


(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

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