Entering the United States on K1 but leaving before we get married?

[redhawkeye 1]

My fiance and I got approved for the K1 visa and she has a flight to the US in two days. Unfortunately she's decided that she's not ready to move or get married but still wants to come see me in person and then fly home a week later. I was wondering if she should still enter through the K1 visa or if she should get an ESTA and come through as a visitor. Also, are there any legal implications for her entering as a K1 and then leaving a week later without getting married?

[Wuozopo 4,285]

 K1 visa is a one-time entry. It's highly likely they will activate it when she enters to visit. Some have been able to enter without activation, but that is no guarantee. You can always start over from scratch if she wants to come back on another K1 visa.

Edited July 25, 2018 by Wuozopo

[helliot45 4]

All I know is the k-1 is for one entry so if she wants to just visit it needs to be with another type of Visa. You should consult a lawyer!! If she’s uses the k-1 and returns home then when you do plan to marry you will have to start the process again from my understanding. 

Ditto above^

[T_P 872]

16 minutes ago, redhawkeye said:

Unfortunately she's decided that she's not ready to move or get married

K1 Visa is a one time entry. My friend sorry to be bold, you both should have talk about it before applying. 

 

With your visa, you can apply for a single admission at a U.S. port-of-entry within the validity of the visa, which will be a maximum of 6 months from the date of issuance. You must marry your U.S. citizen fiancé(e) within 90 days of your entry into the United States.

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#14

[Jaquelly 1,647]

You definitely need to speak to a lawyer. The whole point of applying for the K1 was so that she could come to America and marry you, and she may not even qualify for an ESTA at this point.

[EM_Vandaveer 2,369]

There is no consequence of her entering on the K-1 & leaving a week later without marrying, other than these

1) entering on VWP may be hard in the future, it may seem like she demonstrated immigrant intent

2) if you want to marry in the future, you have to start from scratch, either getting another K-1 (possible scrutiny because of the prior one, on which you didn't marry) or marry and file for a spousal visa

[Roel 7,191]

Sure she can enter on k1 and leave. 

But in order to come back and immigrate, you guys will need to file for another k1 visa (since it's 1 time entry) or get married in her country and file for cr1 visa. 

 

Nothing stops her for using k1 like expensive toursit visa. Kind of waste of money seeing how you'll have to start the process from the scratch again. And pay it all again and wait. 

 

Also don't count that she'll be able to enter on ESTA while k1 will be in her passport. They will make her activate the k1 on entrance or tell her she's not eligible for entry on ESTA.  

 

Not to mention in future she might have issues with entering on ESTA because of k1 application in system and they mighy suspect she will not want to wait foe second k1 and use esta as a way to immigrate. 

 

Imo, not worth it. 

[Wuozopo 4,285]

It sounds like she has cold feet because she's had the visa since May and time to prepare for the move. Maybe you should go there and work things out rather than her coming to see you.

[Diane and Chris 651]

But, wouldn’t coming in on a K-1 with no intention of marrying be visa fraud?  The sole purpose of K-1 is to enter the US in order to marry and eventually become a LPR.  She should be truthful at POE and by not disclosing her true intent to simply visit and not marry would be fraud, right?  

[JFH 12,189]

38 minutes ago, Diane and Chris said:

But, wouldn’t coming in on a K-1 with no intention of marrying be visa fraud?  The sole purpose of K-1 is to enter the US in order to marry and eventually become a LPR.  She should be truthful at POE and by not disclosing her true intent to simply visit and not marry would be fraud, right?  

Not really fraud. Yes, the purpose of a K-1 is to marry and adjust so that the spouses can stay together but if she's not ready to marry, there's no law saying she has to. She has 90 days - who knows... maybe when she gets here she will realise that she is ready after all. I know that just before I left the U.K. I had thoughts going through my mind about how I didn't feel ready to leave but I came here and never looked back once I got here. It's a big step and some apprehension is normal. And the more established your life in your home country is (job, house, family, etc), the harder it is. 

 

It's not a requirement to marry on the K-1. It's a requirement to marry within 90 days if one wishes to remain here and adjust status. Just as you don't have to have a K-1 to get married here, you don't have to get married if you come on a K-1. But you can't stay beyond the 90 days if you don't. 

Edited July 26, 2018 by JFH

[EM_Vandaveer 2,369]

1 hour ago, JFH said:

Not really fraud. Yes, the purpose of a K-1 is to marry and adjust so that the spouses can stay together but if she's not ready to marry, there's no law saying she has to. She has 90 days - who knows... maybe when she gets here she will realise that she is ready after all. I know that just before I left the U.K. I had thoughts going through my mind about how I didn't feel ready to leave but I came here and never looked back once I got here. It's a big step and some apprehension is normal. And the more established your life in your home country is (job, house, family, etc), the harder it is. 

 

It's not a requirement to marry on the K-1. It's a requirement to marry within 90 days if one wishes to remain here and adjust status. Just as you don't have to have a K-1 to get married here, you don't have to get married if you come on a K-1. But you can't stay beyond the 90 days if you don't. 

All correct except coming on K-1 & marrying AFTER 90 days are up is possible, filing for AOS is possible as well (but requires I-130 to be filed, as well).

[OSO 29]

my 50 cents advice:

 

If your fiance is not ready yet hold on till at least September and see if she decide to move on, then  you have 2 months left to marry or else if visa was issued in May.

If by September she's still undecided you guys may think  if you want to continue the relation ship or not.

 

This is based on my experience, man there is a lot of effort, money, emotional etc to get a K-1 visa  and life is too short, you need to move forward with or without your fiance, don't get stuck in the limbo please.

Edited July 26, 2018 by OSO