K-1 Visa will expire

[NYCNYC 0]

I came to the US with K-1 visa. 

My visa is expired in few days but we haven’t married yet. 

Because my fiancé found out what is I-864, and he said he didn’t want to sign it. 

 

We are still discussing about it, but I noticed that marriage certificate takes over 1 week to be sent. 

So I guess it’s over, anyway. 

 

My question is...

Can I stay in the US to get a marriage certificate for few more weeks after my visa expired if we got married?

or that’s affect for applying Green Card?

 

Thank you. 

[Roel 7,192]

Well the most important thing is to get married within 90 days. You marriage certificate will have the marriage date on it. 

 

Just be aware that if your fiance refuse to sign the i864 and won't file AOS... you will have to go back to your country. There is no legal way for you to stay beside though your petitiner. And after 90 days you start to acquire illegal presence. 

[Perfect two 💑 1,147]

2 hours ago, NYCNYC said:

I came to the US with K-1 visa. 

My visa is expired in few days but we haven’t married yet. 

Because my fiancé found out what is I-864, and he said he didn’t want to sign it. 

 

We are still discussing about it, but I noticed that marriage certificate takes over 1 week to be sent. 

So I guess it’s over, anyway. 

 

My question is...

Can I stay in the US to get a marriage certificate for few more weeks after my visa expired if we got married?

or that’s affect for applying Green Card?

 

Thank you. 

If he refuse to sign it, there is nothing else you can do. You have few days left and still in the middle of discussing. Did you have marriage license yet? When I apply for my marriage license, they did check my passport (with a K-1 stamp). Not sure whether they will issue a marriage license to you if you are applying after the date. You can stay few more weeks, however, it will not change anything. The ground rules for K-1 Visa is getting married within 90 days from the date you arrived at States. If you are not able to get married within 90 days after you arrived, you might have difficulty in applying for AOS. They might even reject your AOS application because you will break the rules of your K-1 Visa

[Unlockable 7,315]

3 hours ago, NYCNYC said:

I came to the US with K-1 visa. 

My visa is expired in few days but we haven’t married yet. 

Because my fiancé found out what is I-864, and he said he didn’t want to sign it. 

 

We are still discussing about it, but I noticed that marriage certificate takes over 1 week to be sent. 

So I guess it’s over, anyway. 

 

My question is...

Can I stay in the US to get a marriage certificate for few more weeks after my visa expired if we got married?

or that’s affect for applying Green Card?

 

Thank you. 

This is a difficult situation for you to be in and a bad time for it to happen. To answer your question, even if you get married your husband HAS to sign the I-864 in order for you to get a green card. There is literally no other way.

 

If things don't work out, you will have to leave. Because the K1 is so strict, you won't be able to have another way to get a green card other than through your fiance. We have seen people leave a K1 fiance, stay in the US, and try to get a green through another US citizen. But it doesn't work like that.

 

This is a serious conversation that needs to be had with your fiance. If he isn't fully prepared to make this commitment, then you should be prepared to return home so you can take some time to reestablish yourself and look out for you.

[RLA 323]

8 hours ago, Roel said:

Well the most important thing is to get married within 90 days. […] Just be aware that if your fiance refuse to sign the i864 and won't file AOS... you will have to go back to your country. 

That's why I think the most important thing right now is to have a serious discussion with the fiancé about the I-864.  If he's unwilling to make that commitment then they should probably not get married.  Marriage is a serious business. 

 

 

8 hours ago, NYCNYC said:

Can I stay in the US to get a marriage certificate for few more weeks after my visa expired if we got married?

or that’s affect for applying Green Card?

I believe that you can get a Green Card even if you marry after the 90 days.  The USCIS Policy Manual says: 

Quote

A foreign national is barred from adjustment of status if the foreign national is in an unlawful immigration status on the date of filing the adjustment application. [1] This bar to adjustment does not apply to: 

• Immediate relatives

Once you're married you're an immediate relative and so the unlawful immigration status should not matter anymore. 

 

There are two risks, though: 

1. Until you have filed for AoS you're in the US unlawfully, meaning that you're at risk of being caught and deported. 
2. If your fiancé does still not come around after a few weeks you will accrue unlawful presence in the US.  That will make it more difficult for you to return to the US, e.g., on a visitor or a work visa. 

6 hours ago, Perfect two 💑 said:

When I apply for my marriage license, they did check my passport (with a K-1 stamp). Not sure whether they will issue a marriage license to you if you are applying after the date.

Marriage licenses are state business, and most states do not seem to require lawful presence for getting married.  If your state won't issue a marriage license after the K1 is up just get married in a different state. 

[debbiedoo 2,339]

you have to get married within 90 days.

 

Did your fiance not do research on what is required? Including for AOS?  All of us Americans are on the hook for our spouses (or soon to be spouses). This is how its done, and that is something HE should have realized. I'm fully aware I"m on the hook for Paul from the day we marry  for the next 10 years, regardless of what happens between us.

 

You dont have to file AOS right away, but you NEED to get married right away.

 

The ONLY way for you to adjust status and become a legal permanent resident is for him to sign. If he refuses, is that really the kind of husband you want to have?

 

 

[VisaCode 72]

Your fiance sounds like a tool. Is he abusive by any chance? If so, and you do marry within the 90 days, but your spouse will not submit the required paperwork, then you have a very small chance of being successful self-petitioning for AOS under VAWA. But if your fiance is not abusive and won't marry and/or complete the paperwork, then I don't think there is anything you can do.

[Abdeslam 47]

Why did you travel to the US knowing that your fiance was not fully committed to be with you and provide you with the necessary paper work so you could stay and have a legal status. if he's not willing the sign the affidavit of support it mean that he is not committed to you ,  I think you should return to your home and put all the peaces together

[Diane and Chris 651]

We don’t know both sides of the story. Encouraging her to do a VAWA is, IMO, not good advice. If she only wants to stay because of the green card and falsely accuses her husband of abuse, that would be extremely unfortunate for him. Let’s not give her false hope to stay and misuse the system. 

[Going through 5,671]

Has he actually said *why* he doesn't want to sign it?

His answer may be enlightening in terms of your relationship overall.

[NYCNYC 0]

Thank you so much, everybody. 

I believe we love each other but he can’t commit to the government contract. 

 

I’ll be back to my country and figure out what to do. 

 

I did quit the job and told everybody “I’m getting married!”

so, this is a very shame. 

But happens. 

 

Thank you. 

[Pomodoro 32]

1 hour ago, NYCNYC said:

Thank you so much, everybody. 

I believe we love each other but he can’t commit to the government contract. 

 

I’ll be back to my country and figure out what to do. 

 

I did quit the job and told everybody “I’m getting married!”

so, this is a very shame. 

But happens. 

 

Thank you. 

Sorry to hear about this difficult moment. This K1 road is not an easy one. You seem like a strong person and many beautiful things will come your way. Wish you the best! 

[Loren Y 2,755]

I sense bigger issues than the I864. That is a rarely enforced obligation. Yes it can be, but it's almost non existent. If he won't sign that, there's something else. I've signed contracts that are a lot scarier than an I864. Might be best like everyone said to Cut your losses and leave before you are out of status and risk not being able to come back to the USA later via another Visa. Wish there was more options for you, I hate To see good people have to go thru things like this. Best of luck to you, and I'm sure it will work out for you in the future. 

[NikLR 13,227]

9 minutes ago, Dee elle said:

If you do not marry before the K 1 visa expires, you do not meet the conditions of the visa and you have no underlying petition from which to Adjust Status. There is no “ may be rejected “, it is “WILL be denied”. If you marry after the 90 days you must start again with an I130, leave the US and wait in your home country for the 12 to 15 month process to be completed. The spouse visa also requires an I864

No the OP would not have to leave if married to the K1 petitioner after the 90 days.  They can still adjust status but would need to file an I-130.