out of status in K1 visa

[actob99 156]

She is a visa overstay. There is no penalty until she overstay for 180 days. Once she accumulates 180 days of unlawful presence, she will receive a 3 years ban.

Really shady that she already has another US citizen willing to marry her. US Embassy will be looking at immigration fraud.

I was under the impression that her visa expired as soon as she cleared immigration in the states. And per the K-1 rules she has 90 days to get married and start her removal of conditions.. But I haven't looked into that part of it yet as I'm pretty confident I won't know how that will have to work..

[actob99 156]

Take out the immigration issues from her situation and it's an EXTREMELY common situation. Boy and girl break up, boy and girl meet new people, frequently within weeks.

Good post and you are correct, no where does it state she has met a new person and wanting info on that.

But I don't think, taking out the immigration issues, that it is "EXTREMELY common situation", that a relationship makes it to a few days before a marriage and the couple breaks up and they find someone within a few weeks. This isn't a common situation. Boyfriend girlfriend relationship? yes.

[southcalhog 43]

Make that a +2.

To the OP... as was stated, she needs to go back to the PI. Technically, her petitioner is responsible to pay her way back home, and she should press for that. But that might be hard to make happen, unless she has a local friend to support her and insist that the guy who dumped her do right by her. Another option is to contact the CFO and see if she can get some help in returning to the PI. She needs to get home sooner rather than later to avoid the ban.

Make That + 3....the Op is simply asking for guidance on a potential issue that could come a serious issue for her. if she dont get married within that 90 day window it could be a serious Problem like most said. As far as the AOS after Marriage and the timeline im not sure about....

Edited August 4, 2012 by southcalhog

[TnJ 131]

I was under the impression that her visa expired as soon as she cleared immigration in the states. And per the K-1 rules she has 90 days to get married and start her removal of conditions.. But I haven't looked into that part of it yet as I'm pretty confident I won't know how that will have to work..

Yes, the visa is a one time POE permit. The I-94 arrival form is given. She would have 90 days from the day she entered. After the 90 days, she begins to accumulate unlawful presence if she is not married and has not filed AOS. After 180 days of unlawful presence, she faces the possibility of a ban. AOS begins before ROC, and the person does not accumulate unlawful presence while in AOS.

Edited August 4, 2012 by ToddnJessa

[southcalhog 43]

Yes, the visa is a one time POE permit. The I-94 arrival form is given. She would have 90 days from the day she entered. After the 90 days, she begins to accumulate unlawful presence if she is not married and has not filed AOS. After 180 days of unlawful presence, she faces the possibility of a ban. AOS begins before ROC, and the person does not accumulate unlawful presence while in AOS.

[actob99 156]

Yes, the visa is a one time POE permit. The I-94 arrival form is given. She would have 90 days from the day she entered. After the 90 days, she begins to accumulate unlawful presence if she is not married and has not filed AOS. AOS begins before ROC, and the person does not accumulate unlawful presence while in AOS.

Thanks, that is what I was thinking.. I would think if she went to immigration and explained her circumstances that they would help her figure it out. Not much details given to help out in this topic. IS she still living with him? Does she have her things? Is she on the street? Staying with someone else? She have a return ticket or money for one? All I know is that when she came to the U.S she was suppose to fully understand the process and should have known to be on that plane on the 90th day home.. Where is the CFO now? Shouldn't they have given advice on this type of situation? Think better to know what to do if your fiance leaves you on the 88th day rather then scaring you about going to a country full of swingers and bad people...

[TnJ 131]

Thanks, that is what I was thinking.. I would think if she went to immigration and explained her circumstances that they would help her figure it out. Not much details given to help out in this topic. IS she still living with him? Does she have her things? Is she on the street? Staying with someone else? She have a return ticket or money for one? All I know is that when she came to the U.S she was suppose to fully understand the process and should have known to be on that plane on the 90th day home.. Where is the CFO now? Shouldn't they have given advice on this type of situation? Think better to know what to do if your fiance leaves you on the 88th day rather then scaring you about going to a country full of swingers and bad people...

I like your CFO bit. Yeah, I don't know what to say there. Being that they were going to get married, and the USC brought her here, I would think he would be the one to man up and help her out a bit? We don't know to what extent he is helping or what kind of friction there is if any, but still, I find it unnerving if the USC is just leaving her to fend for herself and find her own way. I believe she could get further guidance from contacting USCIS or DoS, but then, even that could be a daunting task when you have no familiarity with country and its government.

[Loolie 56]

i am posting for a friend..she is now in the US on a K-1 visa but the fiancee changed his mind on the 88th day and decided not to marry. she is on her 4th month in the US. that means she is now out of status for one month..she now wants to go home so that aother K! visa would be filed for ehr by anotehr US cit...can the US immigration charge her of anything? can she be penalized for overstaying her visa? what effect can this have if another K1 visa will be filed for her by another US cit?

She needs to go back home. And if she met someone else while shes here in the US and wants to petition her i think she will be fine. She might be questioned by fraud unit in the usem about her previous petitioner and her new fiance (if she has and met him while shes here in US). But as long as she can prove that her relationship to her new bf is real then she will be fine. Ive read it happened before and know somebody but you never know whats gonna happen. For now, she needs to go back home and do it over again. Goodluck.

[actob99 156]

I like your CFO bit. Yeah, I don't know what to say there. Being that they were going to get married, and the USC brought her here, I would think he would be the one to man up and help her out a bit? We don't know to what extent he is helping or what kind of friction there is if any, but still, I find it unnerving if the USC is just leaving her to fend for herself and find her own way. I believe she could get further guidance from contacting USCIS or DoS, but then, even that could be a daunting task when you have no familiarity with country and its government.

YEs, I think I have just a couple more rants about the CFO and then I will be done... And I agree that I hope the USC did not stand her up with no way home.... I find that hard to imagine..

[Hank_ 9,173]

I was under the impression that her visa expired as soon as she cleared immigration in the states. And per the K-1 rules she has 90 days to get married and start her removal of conditions.. But I haven't looked into that part of it yet as I'm pretty confident I won't know how that will have to work..

She had 90 days to get married, but you don't have to start AOS with that time.

[actob99 156]

She had 90 days to get married, but you don't have to start AOS with that time.

Thanks Hank.. When you get married within the 90 days, how long do you have to start the AOS process?

[DavenRoxy 1,073]

The only situation I can think of that this applies is for certain work visa's.

The only situation I can think of that this applies is for certain work visa's.

If you have not signed your I-134 yet, or perhaps if you did, but forgot, allow me to remind you what your contract is in the enclosed snapshot. BLUF, you are promising the US government that you will take care of the beneficiary, and ensure he/she leaves the country if not married within 90 days (paraphrasing here, but the attachment spells it out in detail).

The petitioner IS RESPONSIBLE for her, period.

Edited August 5, 2012 by DavenRoxy

[Hank_ 9,173]

I don't know the exact time limit, I have read you can take up to a year, but don't know that for fact.

We started the AOS before the 90 days was up, but that was only because we just want it done.

[DavenRoxy 1,073]

Thanks Hank.. When you get married within the 90 days, how long do you have to start the AOS process?

There is no time limit. Being "out of status" means nothing to USCIS. You can remain that way for a very long time, and I have never read a time limit.

HOWEVER... some places such as DMV and perhaps others will not accept an expired I-94 when it comes to issuing things such as a driver's permit until AOS is filed and either a GC is in hand, or at least an I-797 for the AOS.

I know a couple who didn't do AOS for over a year due to finances, and have read about others taking over 3 years to file. And in an email to USCIS in our case, I was told AOS isn't required.

Edited August 5, 2012 by DavenRoxy

[TnJ 131]

Thanks Hank.. When you get married within the 90 days, how long do you have to start the AOS process?

Technically, you don't have a time limit but do accumulate unlawful presence after 90 days. People debate this because it is rarely enforced for spouses and waivers can be given if trouble did arise after the 180 days. According to the Immigration and Nationality Act, the possibility is still there and some have gone through hassles while probably many more have not. The best thing to do is file AOS as soon as one can.