not following the 90 day rule for the K1 visa

[christinetanjanco 0]

K1 is the fiance visa and K2 is for the child included in that petition right?

i just want to know, what happens if the couple do not get married within the 90 days and overstays in the US.

they have until the first week of july 2012 to get married but they decided not to, atleast not yet.

but they still do plan to get married in the US 6 years from now.

(by the way, they are already in the US)

the couple has been together for 15 years now,

the guys is a US citizen, the woman who filed for the k1 visa has an 19 year old son. in 2010 she gave birth to another baby boy who was born in the Philippines but since the dad is a us citizen, the baby automatically became a us citizen as well.

now, what will happen if they over stay without getting married as advised by the us embassy?

will their 19 year/o son still be able to go to a college or a university? study?

can they still apply for a green card and citizenship if they get married after 6 years? if they overstayed?

i talked to a lawyer before and he said that if the woman and her 19 yearold son overstay,

the worst that can happen is, the immigration would come looking for them and they will get deported and will be banned forlife, or 10 years, i cant remember..

anyway,, if they do get married after 6 years, the woman will still be able to apply for the greencard and citizenship

but the son is not included in that application anymore since he would be 25 by then

is that true?

if the son chose to go back to the Phil, and leave his mom here in the US, would the 10 year ban still appply to him?

will he have a problem in the future when he files for another travel back to the US?

i really need your help guys, im trying to clear this out with my friends.

actually there is a reason why they do not want to get married yet but, for now, i just need the answers to these questions

i hope you guys could help me...

[Penny Lane 8,159]

If they do not meet the requirements of marriage within the 90 days, they must leave before their I-94 expires. They do not get to stay. The visa is for people ready to get married, not for people who are not sure.

Edited May 19, 2012 by Evylin

[NigeriaorBust 4,087]

The son will have the biggest issues. The K2 only gives him valid status in the US for the 90 days , so he will NOT be able to attend school or any of that. Once the mother gets married they will have to apply for the I130 ( for both the mom and son ) but the son will be facing a 10 year bar and because the marriage takes place after the son is 18 he isn't the stepson of a USC. There is no waiver for the ban so he will have that to face. If he is deported there is another waiver. The mother will NOT have valid staus without marriage so no school , no drivers lic. Should the intended husband die the mom and son are totally messed up. All around this is a reallystupid idea.

[Cathi 5,610]

they must marry within the 90 days. why would they want to wait 6 years? the 90 days is not a trail period..it is for them to get married!!!!!!

[Enigma11561 336]

They both need to leave now. In 6 years, if they decide to marry, the son will be 25 and not eligible for a K2. It may take another 7-8 years for him to come over. Why this couple decided, even after a baby, to screw around with a K1 visa, with no real interest in getting married is dumb.A lot of money and time wasted for nothing.

[Harpa Timsah 13,258]

This is a recklessly negligent idea and qualifies as abuse of the wife and her child. Marriage by itself gives them no rights. They are proposing to be illegal aliens.

Edited May 19, 2012 by Harpa Timsah

[Inky 1,110]

If you do not marry in 90 days and do not file for AOS

for the woman

- no drivers license

- no working

- no medical

- deportable by ICE

- violating visa terms

- cannot leave the USA not even for family emergency because there will be NO re-entry allowed.

For the son

- He cant get a drivers license

- he cant work

- he cant get medical

- he cant leave the USA or he will not be allowed back

- no school

[Tahoma 2,291]

...actually there is a reason why they do not want to get married yet...

I can't imagine what that reason could be...

[Cathi 5,610]

and this is exactly the reason it makes it so hard for the rest of us abiding by the rules. just irritates me that people take advantage of the system then wait until they get in the country to screw around with the rules of the visa...i will shut up before i get myself in trouble

[RainInSpain 0]

There are conditions to the K1 visa, and others as well. Rules have to be followed; otherwise, everyone will abuse the system. They need to leave or face the consequences.

[I AM NOT THAT GUY 5,715]

If they marry after the 90 days, they can still adjust status, however they will have to file a I-130 requesting a new petition along with the adjustment of status. After 90 days, and until they file for adjustment of status, like has been said, the alien spouse and the child will be subject to deportation. If they leave the country in any case, a new petition will have to be filed, and they will have to start the process over.

[I AM NOT THAT GUY 5,715]

The time of ban depends on the length of overstay. Generally, overstays of less than 180 days are not subject to a ban.

[KayDeeCee 4,891]

K1 is the fiance visa and K2 is for the child included in that petition right?

i just want to know, what happens if the couple do not get married within the 90 days and overstays in the US.

they have until the first week of july 2012 to get married but they decided not to, atleast not yet.

but they still do plan to get married in the US 6 years from now.

(by the way, they are already in the US)

They want to get married 6 years from now?! Then they need to leave before their I-94s expire, and have visits for the next 6 years, then file again in 6 years to get a K-1 and THEN get married in the US. You cannot stay for 6 years. You will be here illegally, be subject to deportation and bans that will not allow for your return to get married when you plan on it.

There is no reason to question this really. You cannot stay past the I-94 unless you marry within those 90 days. I cannot understand why anyone would go through the fees and hassles of getting a K-1 if they were not even serious about the requirements of that visa, or even better, not ready to get married for another 6 years. It truly boggles my mind.

They must leave before their 90 days are up, period.

[Iyawo Ijebu 157]

and this is exactly the reason it makes it so hard for the rest of us abiding by the rules. just irritates me that people take advantage of the system then wait until they get in the country to screw around with the rules of the visa...i will shut up before i get myself in trouble

I agree with you.

[christinetanjanco 0]

I agree with you.

i agree with you guys as well that's why i want to make it clear and show my friend that what they are planning is going to be a big mistake,

here's the thing, the reason why they won't get married is a completely different issue, which somehow i do understand

it is not about the visa or whatever, it's about the man's pension,

its okay if you disregard this, but im still going to explain why they had to think of this kind of decision(not marrying right away)

the man was previously married to a, well let's just say a wealthy woman before, now since those two got divorced even before the guy met his fiance now,

he was advised(by people around him, i believe, and people from the SSS, not completely sure where he got the information, anyway..) that he cannot marry until he's retired or else he would lose the part of the pension he will get from his previous wife, and his pension will decrease in amount. the estimation was $3000-$5000 every month(if i remember right, that was the agreement on the divorcement thingy). as i was saying, yeah that big, let's be honest, we cant find money like this anywhere, and this couple arent really that rich. life's hard, and the money would help them for the future expenses, most of all expenses for the baby. ITS ANOTHER ISSUE ABOUT MONEY. (sad to say).

now, this is why i need your guys help more. i see their point of waiting, but its just hard to convince my friend since a part of this is true.

if they go back, it would take another 8 years before they can get the approval for re-entry again..

helpppp. what do i tell my friend. what do you guys think??

ps: do you guys know anything about that SSS law? or know anything regarding pensions?