Not getting married. No money to send her back.

[Kez/JWolf 6]

If you arrive on a K1 you are ment to get married within 90 days of entry..... if you dont then you can still do AOS but you have to file based on the fact that as a spouse of a USC a visa number is immediatly available to you... that is why you must file an I-130 along with the AOS and of course pay the fee... so you would no longer be adjusting from a K1 visa but as an immediate relative of a USC...

Kez

[Minya's wife 24]

I both laughed at that post, and also felt the reality of it. The couple doesn't want to be in a situation where they are illegal. They still have a little time to figure things out.

Posting here in the forum was their best bet at learning good information, and possible suggestions for continuing the relationship legally here in the states.

There are a several reasons why they "can't" get married before the 90 visa is up. Much of it is financial on the part of the US petitioner. Anything he borrows from friends or family, he would prefer it to be for basics such as food, roof over head, that kind of thing.

You all basically confirmed that there is nothing legally they can do for her to stay after the 90 days, they will just have to hope that something improves and they they can get married sooner rather than later. So that they can be together here in the US.

They don't want to be a statistic... (of the 12 million variety).

Unless there is a legal(or perhaps cultural) reason they 'can't' get married w/in 90 days, I'm not seeing why it cannot be done. There needs not be a wedding with all the bells & whistles. A marriage license costs 50-75$...and if you belong to a church there are ways to work out so that the priest or pastor will marry the couple and not accept the 'honorarium'. Or a Justice of the Peace can perform the marriage...and that's not so expensive either. Perhaps they can contact either the local media, or even their church or a charitable organization in their area...there may be some help offered that can solve their not having enough money for even a ceremony problem. Just MHO.

-P

Edited July 2, 2007 by Paula&Minya

[diadromous mermaid 36]

What's the point of staying beyond the 90 day expiry of the K-1 for the sake of not incurring the cost of a return ticket? Much more germane is that if the petitioner who must also be the sponsor of the K-1, I am presuming, can't come up with the funds for a return ticket, how could he pass muster on the I-864 to AOS?

[payxibka 10,044]

What's the point of staying beyond the 90 day expiry of the K-1 for the sake of not incurring the cost of a return ticket? Much more germane is that if the petitioner who must also be the sponsor of the K-1, I am presuming, can't come up with the funds for a return ticket, how could he pass muster on the I-864 to AOS?

Income does not necessarily directly relate to cash flow.... One can show positive income and negative cash flow if you are indebted/obligated up over your "ears"

[TimsDaisy 0]

Just a question for academic sake: someone mentioned marrying AFTER the 90 days and that not being a game-over violation? How's that? I thought if married on day 91 or 98, that was bad news?

Bad news for adjusting status from K-1. If you read the posts it indicates the requirement of a brand new petition.

Correct, Filing I-130 along with I-485. Additional fees involved (I-130 petition).

SEE: http://www.visajourney.com/forums/index.ph...page=i130guide2

I read the post - I just didn't realize there was a legal process for still adjusting status after entry on a K1 if the marriage occured outside the 90 days - whether or not it requires an additional set of paperwork (not to imply that, in itself is "no big deal").

[payxibka 10,044]

When you say a legal process for adjusting from K-1 after the 90 days, I guarantee that there is nothing in the CFR that will give you this road map. It takes an understanding of how the USCIS views and adjudicates to conclude that this may be a viable alternative.

Edited July 2, 2007 by fwaguy

[Nancy2015 2]

A marriage license costs 50-75$...and if you belong to a church there are ways to work out so that the priest or pastor will marry the couple and not accept the 'honorarium'. Or a Justice of the Peace can perform the marriage...and that's not so expensive either. Perhaps they can contact either the local media, or even their church or a charitable organization in their area...there may be some help offered that can solve their not having enough money for even a ceremony problem. Just MHO.

-P

You know, I too think it's far out. All you need to get married is a marriage license. In CA it cost us $180, but I bet it's cheaper in other places. This is all you need. There is nothing else involved. This is how we got married - no guests, no flowers, no wedding dress, just the county clerk-recorder. We were dirt poor, no money whatsoever. But we could afford a marriage license

Can't they just get married at the City hall, to avoid all the overstay/adjustment issues, and then, in the future, when they save up some money, they can have a big reception with hundreds of guests and a wedding cake.

It's just really hard to give advice when I don't understand the reasons they can't get married. If they love each other, what is the problem? Going back to Russia wouldn't make any sense if they still want to be together.

[John & Annie 0]

A marriage license costs 50-75$...and if you belong to a church there are ways to work out so that the priest or pastor will marry the couple and not accept the 'honorarium'. Or a Justice of the Peace can perform the marriage...and that's not so expensive either. Perhaps they can contact either the local media, or even their church or a charitable organization in their area...there may be some help offered that can solve their not having enough money for even a ceremony problem. Just MHO.

-P

You know, I too think it's far out. All you need to get married is a marriage license. In CA it cost us $180, but I bet it's cheaper in other places. This is all you need. There is nothing else involved. This is how we got married - no guests, no flowers, no wedding dress, just the county clerk-recorder. We were dirt poor, no money whatsoever. But we could afford a marriage license

Can't they just get married at the City hall, to avoid all the overstay/adjustment issues, and then, in the future, when they save up some money, they can have a big reception with hundreds of guests and a wedding cake.

It's just really hard to give advice when I don't understand the reasons they can't get married. If they love each other, what is the problem? Going back to Russia wouldn't make any sense if they still want to be together.

Thank you.

This is exactly what I was thinking.

They can get married within the 90 days, but that does not mean they have to adjust status. This way she would be legal. Technically "Out of status", but legally present.

I would visit a couple of Charities and they could help with the wedding and the Marriage Cert and deal with the AOS later if money were the issue.

[Caladan 19]

Something's not quite adding up here. It's expensive to fly someone home to Russia, but presumably they managed to have the money to get her here and the money in hand, say, to file for adjustment of status after the marriage.

Is it really the case that they can't afford the plane ticket now, or is it just that they're hoping she can stay a little longer to see if they are compatible and work things out without incurring the extra expense and are just wondering how long they can do it with her being legal and finding a convenient way to broach the question? K-1s aren't supposed to be getting-to-know-you visas, but it happens often enough that if the problem really isn't the plane ticket, best just to say so. Not sure where your friend would be flying from or to, but you can get from NYC to Moscow for about $1200.

In any event, she becomes ineligible to work and out-of-status on day 91. A ban isn't triggered until 180 days of overstay, but it's best not to let it get that far.

If you get married after the 90 days and decide to adjust status, you'll need to file the I-130, too.

[Satellite 1]

If they wait past the July 30th deadline on fee hikes, a future adjustment (I-485) and (I-130) will end up costing them a whole lot more than the plane ticket back to Russia!

As for K1 extension it is strictly prohibited pursuant to the instructions on the (I-539) Application To Extend/Change Nonimmigrant Status

http://www.uscis.gov/files/form/i-539.pdf

As for the comment about turning her over to ICE on day 90, they will either put her into removal proceedings / take her into custody which I really doubt or just do nothing. Someone might suggest she buy a bus ticket to Mexico as a quick way out, but I doubt a Russian citizen has access to Mexico either.

The Russian consulate isn't going to do much either unless the person dies.

See http://www.consulrussia.org/Protocol/main_eng.htm for more detail on how that is done.

Of all the suggested options:

If they legitimately feel the money for marriage will come soon and they plan on getting married, they should stop posting on this board and continue to do whatever they are doing. Overstay without leaving the country and illegal work are both forgiven if one adjust status pursuant to marriage to a USC as is the intention here. Whether it is on day 1 after the K1 visa expires or 10 years later.

[Nessa 23]

She is working to help pay for the return ticket, but is also trying to find a way to stay in America while they sort their problems out.

How come she's working if they didn't get married and she hasn't applied for EAD nor AOS?

[payxibka 10,044]

How come she's working if they didn't get married and she hasn't applied for EAD nor AOS?

K-1 is work authorized incident to status for 90 days

[Nessa 23]

If she got her temporary EAD issued at the airport...

[etripke 0]

I both laughed at that post, and also felt the reality of it. The couple doesn't want to be in a situation where they are illegal. They still have a little time to figure things out.

Posting here in the forum was their best bet at learning good information, and possible suggestions for continuing the relationship legally here in the states.

There are a several reasons why they "can't" get married before the 90 visa is up. Much of it is financial on the part of the US petitioner. Anything he borrows from friends or family, he would prefer it to be for basics such as food, roof over head, that kind of thing.

You all basically confirmed that there is nothing legally they can do for her to stay after the 90 days, they will just have to hope that something improves and they they can get married sooner rather than later. So that they can be together here in the US.

They don't want to be a statistic... (of the 12 million variety).

Ken, this is almost too bizarre. How did he manage sponsorship to begin with? I guess I feel sorry for her more than anything, but the deal was to sponsor her as a fiancee and they agreed to marry within the 90 day limitation set forth by law. I realize we are not getting all of the facts here, but when he set forth on this process surely he should have thought about food, roof over their heads, and buying a marriage license. I mean if it was about the money and my fiancee was here, I don't care if I had to work 3 jobs 18 or 20 hours a day, I would get it done to make certain the marriage would happen. If finances are not the issue, then what is it? They supposedly love each other, and I guess IMHO that would be the only other obstacle.

I mean I want to have some empathy for their situation, but it's hard to do so when all of this should have been planned and thought out in advance.

Just my take on this.

[payxibka 10,044]

If she got her temporary EAD issued at the airport...

No... A K-1 is work authorized incident to status regardless of the issuance of the stamp at the POE. The POE simply provides the documentation that the employer needs to fulfill the I-9 requirement. Subtle difference.