What are options now?

[tomuk 25]

1 hour ago, Diaz.S said:

OK ok we will marry her there 😂 lol.... That's not really the issue. The issue is if we could take a cruise orinating in the USA in the near future. If we have to wait and go tru the immigration process (K1 or CR1), there is no problem. 

I have Czech friend she did K1 and she convinced me to wait 2 months, marry first outside of US (we did Denmark for many reasons) and do CR1. And I don't regret.

 

Still, I'd be well prepared to explain why you didn't marry K1. IMHO, it's potentially fraud - she didn't stay, but still entered on Visa requiring marrying someone and you didn't do that. Filling CR-1 form will ask if you applied for someone's Visa (you did) and same if she has been applied by someone (she did). Even though you are same persons, I guess explanation is in place, even more when she is from Columbia (no offense, just IMHO "risk" country).

 

You should definitely show, that even you didn't marry each other, relationship still continued in very good way. 

 

However, that's just my understanding only and as I would like to be ready, reality could be different. Also, I think that giving them as much as you could and even more can just help you.

 

Is it secret or can you help us understand what were the reasons her to leave the US?

[Going through 5,668]

51 minutes ago, tomuk said:

IMHO, it's potentially fraud - she didn't stay, but still entered on Visa requiring marrying someone and you didn't do that.

It wouldn't be looked at as fraud, imo, because the K1 beneficiary DID return to her home country within the allotted time, before the i-94 expired. 

If she had entered on the K1, and purposefully just used the K1 to gain entry and never had any true intention of marrying, and then just remained in the US living under the radar---then that could be viewed as fraud.

 

Of course, though, questions will likely be raised as to what circumstances have changed this time to ensure the marriage will actually take place.  If she left due to familial obligations back home, shouldn't be much of an issue.  If she left because she "changed her mind",  and then a quick turnaround to the next K1 petition, then perhaps another matter.

Edited July 31, 2019 by Going through

[SusieQQQ 11,584]

1 hour ago, tomuk said:

 

 

Still, I'd be well prepared to explain why you didn't marry K1. IMHO, it's potentially fraud - she didn't stay, but still entered on Visa requiring marrying someone and you didn't do that.

I thought a K1 required marriage in 90 days OR leaving the US before that 90 days was up. You can't force someone to get married just because they have a visa, if something happens (like this case apparently some kind of emergency, or more often someone just realizes their internet love interest is not who they thought it was when they see the real life version).

[Boiler 43,438]

6 minutes ago, SusieQQQ said:

I thought a K1 required marriage in 90 days OR leaving the US before that 90 days was up. You can't force someone to get married just because they have a visa, if something happens (like this case apparently some kind of emergency, or more often someone just realizes their internet love interest is not who they thought it was when they see the real life version).

Agree, things change, no requirement to marry if they do.

[SusieQQQ 11,584]

14 minutes ago, SusieQQQ said:

I thought a K1 required marriage in 90 days OR leaving the US before that 90 days was up. You can't force someone to get married just because they have a visa, if something happens (like this case apparently some kind of emergency, or more often someone just realizes their internet love interest is not who they thought it was when they see the real life version).

Yup, USCIS says will be in violation if don't leave within 90 days if not married - not that just not getting married is the violation.

 

K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. Generally, your fiancé(e) and his or her children must leave the United States at the end of the 90 days if you do not marry. If they do not depart, they will be in violation of U.S. immigration law.

 

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens