What if the airfare is too much to leave US within 90 days?

[ryan3434 15]

Hello, my Chinese fiance is currently in the US on a K1. Our situation is unique because even if we get married within 90 days, we both need to return to China in Sept. for work. (Her 90 days is up on Sept. 13). However, the flight tickets to China before that point are at least $8K, which is about 15x the normal price. Does anyone know whether the USCIS has issued a waiver for this situation, or if we can apply for extension due to these extenuating circumstances? Thank you!!

[Lemonslice 4,556]

Without going to China, she should be able to exit the USA (to another country). 

[Dashinka 23,251]

I really doubt USCIS would issue an extension solely based on travel costs.  I would start looking at other routes to get back to China.

 

Others may know better, but I do not think the K1 can be extended like a B2 anyway.

 

Good Luck!

Edited August 1, 2022 by Dashinka

[Mike E 11,723]

13 minutes ago, ryan3434 said:

Hello, my Chinese fiance is currently in the US on a K1. Our situation is unique because even if we get married within 90 days, we both need to return to China in Sept. for work. (Her 90 days is up on Sept. 13). However, the flight tickets to China before that point are at least $8K, which is about 15x the normal price. Does anyone know whether the USCIS has issued a waiver for this situation, or if we can apply for extension due to these extenuating circumstances? Thank you!!

1. Did she know at the time of her K-1 interview that she would not be living in the USA and not marrying?

 

2. Was she asked by the CO if she intends to marry the petitioner?

 

3. Did you have domicile in the USA at the time of her interview?

[ryan3434 15]

4 minutes ago, Mike E said:

1. Did she know at the time of her K-1 interview that she would not be living in the USA and not marrying?

 

2. Was she asked by the CO if she intends to marry the petitioner?

 

3. Did you have domicile in the USA at the time of her interview?

The answer to all of these is no. Thanks.

 

 

[Mike E 11,723]

3 minutes ago, ryan3434 said:

The answer to all of these is no. Thanks.

 

 

Astonishing that without you having domicile, her visa was approved.

 

Also you posted in February 2022 that you knew neither of you would be living in the USA. 
 

Yet as of  April 2022 she had not interviewed. 

I am out.  

[Lemonslice 4,556]

14 minutes ago, ryan3434 said:

The answer to all of these is no. Thanks.

 

 

Is there a reason why you did not buy a return flight?  

 

I strongly suggest you find a way to exit the country before her allowed stay expires.  I see flights through Doha that would be under USD2200.  Maybe if you listed cities and dates, you could get even cheaper options. 

Edited August 1, 2022 by Lemonslice

[Verrou 1,899]

She won’t be able to get extension. Fiancee visa is single use non immigrant visa with the intent to get marry in US + AOS. 
 

Leave US before 90 days up to avoid complication in the future if she wants to come to US with other visa. 
 

International Airplane ticket won’t be any cheaper anytime soon 

 

also u need to work in China in September anyway. So why do u want to extent her stay in the US ?

 

 

Edited August 1, 2022 by Misscloud

[ryan3434 15]

10 minutes ago, Lemonslice said:

Is there a reason why you did not buy a return flight?  

 

I strongly suggest you find a way to exit the country before her allowed stay expires.  I see flights through Doha that would be under USD2200.  Maybe if you listed cities and dates, you could get even cheaper options. 

We didn't buy a return flight right away because there were so many uncertainties about our situation. Can I ask what flight that is that connects in Doha? I don't see any such thing. Thanks!!

 

 

 

[Crazy Cat 39,267]

This sounds like one of the rare cases where the couple planned to use a K-1 as a B2.  I am amazed the consulate issued this K-1.... and I am amazed CBP allowed the visa holder to enter the US.  I know of no way to extend the I-94.  

Edited August 1, 2022 by Crazy Cat

[Family 3,483]

1. Get married in US ..like today. That way whenever you DO decide to come back , path will be CLEAN and CLEAR. 
 

2. While here , YOU the USC should establish some domicile relevant evidence ( accounts w $$, DMV w US relative/friends address, voter registration, your US tax return..etc) 

 

3. That way she fulfills the getting married part, she also has 179  days before ULP kicks in. 
 

DIY immigration is not as simple as the VJ regulars presume …( Crazy Cat exempted) but it’s never too late to right the course. 
 

Good luck 

Edited August 1, 2022 by Family

[Timona 3,941]

1 hour ago, Lemonslice said:

Is there a reason why you did not buy a return flight?  

 

I strongly suggest you find a way to exit the country before her allowed stay expires.  I see flights through Doha that would be under USD2200.  Maybe if you listed cities and dates, you could get even cheaper options. 

 

To piggy ride on this: Don't attempt Doha. With WC in 3 months or so, it's hectic. 

 

My sister, this past weekend, was denied boarding from Doha to IAH "because flight was overbooked." Spent the night at the airport and was lucky to get next flight. 

[ryan3434 15]

45 minutes ago, Crazy Cat said:

This sounds like one of the rare cases where the couple planned to use a K-1 as a B2.  I am amazed the consulate issued this K-1.... and I am amazed CBP allowed the visa holder to enter the US.  I know of no way to extend the I-94.  

We did not use it as B2. There was a 50% chance my contract in China would be renewed, so we did not know if we'd be doing AOS. The delay on the marriage is because we're trying to work out the details of the international prenup, which has been more complex than we anticipated. I'm not sure what "domicile" means exactly, but I am a US citizen and lived here until 2017. I am on a year-to-year contract in China, and after that, I plan to return to the US, so maybe I do have domicile here. 

Edited August 1, 2022 by ryan3434

[Crazy Cat 39,267]

5 minutes ago, ryan3434 said:

We did not use it as B2. There was a 50% chance my contract in China would be renewed, so we did not know if we'd be doing AOS. The delay on the marriage is because we're trying to work out the details of the international prenup, which has been more complex than we anticipated. 

OK.  Thanks for explaining.  I second the suggestion of @Family to marry soon.  

Edited August 1, 2022 by Crazy Cat

[Family 3,483]

5 minutes ago, ryan3434 said:

We did not use it as B2. There was a 50% chance my contract in China would be renewed, so we did not know if we'd be doing AOS. The delay on the marriage is because we're trying to work out the details of the international prenup, which has been more complex than we anticipated. 

May I ask when you filed the I-129 F ? 
I am guessing a good 18 months of processing…so I cannot see a prenup delay of that length….even one involving a U.S.  Attorney Draft ( you)  and Chinese Attorney Review ( her). 
 

But all that is water under the bridge. Your Fiancé Vis process has effectively BLOCKED her from future non immigrant visas in the future ( as they will presume immigrant intent)..,and if you feel it is IMPORTANT to protect yourself rather than do a Shotgun Wedding Without Solid Prenup..then follow the course. 
 

If the two of you ever get married, file I-130 , she will be FINE