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Faysheis

K1 whats the best to do

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Filed: Timeline

Hello, guys!

I got to be in a very unpleasant situation, and right now Im looking for the best thing to do. Hope you can give me some advice so I wont act stupid. :) Here is my story.

I got k1 visa and arrived on april 10th to NY. All this time I have been living with my fiance. he is a very busy person running various businesses during summer time. So all this time I have been here we didnt do anything together, no dinner outside, no movies, no beach walking, nothing, except talking, and sleeping, and I help him with some papers. Its difficult to live out like that but we both came to this with understanding. We love each other and he doesnt want me too leave. But! But the time by what we should get married is till 10th of July and today is the 2nd. He said that he loves me and dont want me to leave but this is insane to get married even didnt spend time together, like how weknow that we are the right for each other if we dont do anything together. and all we know is that we love each other. We waited two years to get k1, had patience, love and now he came with this..its insane to get married without spending time together. Very rational thought but my time is almost over. He says its not right to leave now after what we survived, and its not right to get married yet. he wants me to stay till september, and then he will get less busy, so we can spend time together, for the whole month and then understand if we are right for each other. im writing all of this because I am really lost now. I love him, and he loves me, and both of us dont want me to leave but time is almost out, and we are not ready yet....My question is the following...if we dont get married within 90 days but get married later, what problems I may have with USCIS? My I94 is till 7th of august, and if I overstay for 2 or 3 months and then get married to petitioner, will I have problem? and in the situation if I overstay 2 or 3 months and we decide that we are not right for each other and wont get married, what problems I may have in future?

Please, help me to get things worked out right. I don't know what to do...

We did so much to be together.

Thank you!

Fay

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Ninety days from April 10 is July 9.

There was a recent thread where someone was married two days after the 90-day requirement and their Adjustment of Status from the K-1 was denied. Thus, they are now having to spend more money to refile a combined I-130 and I-485. If he's "not ready" to marry you within the next week -- literally -- then you should really weigh your options. Will he really be ready in another month?

Edit: Here's that thread: http://www.visajourney.com/forums/topic/374155-adjustment-of-status-denied-for-2-day-error

Edited by LeftCoastLady

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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Filed: AOS (apr) Country: Kenya
Timeline

You need to marry to this guy before 90 days after your arrival.....or go back. If you do not, you will be here illegally and out of status. Sounds like, to me, that your relationship is not his top priority.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Citizen (apr) Country: Ghana
Timeline

Hello, guys!

I got to be in a very unpleasant situation, and right now Im looking for the best thing to do. Hope you can give me some advice so I wont act stupid. :) Here is my story.

I got k1 visa and arrived on april 10th to NY. All this time I have been living with my fiance. he is a very busy person running various businesses during summer time. So all this time I have been here we didnt do anything together, no dinner outside, no movies, no beach walking, nothing, except talking, and sleeping, and I help him with some papers. Its difficult to live out like that but we both came to this with understanding. We love each other and he doesnt want me too leave. But! But the time by what we should get married is till 10th of July and today is the 2nd. He said that he loves me and dont want me to leave but this is insane to get married even didnt spend time together, like how weknow that we are the right for each other if we dont do anything together. and all we know is that we love each other. We waited two years to get k1, had patience, love and now he came with this..its insane to get married without spending time together. Very rational thought but my time is almost over. He says its not right to leave now after what we survived, and its not right to get married yet. he wants me to stay till september, and then he will get less busy, so we can spend time together, for the whole month and then understand if we are right for each other. im writing all of this because I am really lost now. I love him, and he loves me, and both of us dont want me to leave but time is almost out, and we are not ready yet....My question is the following...if we dont get married within 90 days but get married later, what problems I may have with USCIS? My I94 is till 7th of august, and if I overstay for 2 or 3 months and then get married to petitioner, will I have problem? and in the situation if I overstay 2 or 3 months and we decide that we are not right for each other and wont get married, what problems I may have in future?

Please, help me to get things worked out right. I don't know what to do...

We did so much to be together.

Thank you!

Fay

hello fay u story is indeed sad and heartbreaking,but listen to your heart and not to people are u in this for love or for status? Thats what u should ask urself. I WILL CHOSE LOVE OVER ANYTHING ANYDAY.OK SO HES BUSY BUT HE SHOULD REALISE U BROUGHT U HERE FOR A REASON TO SPEND A LIFETIME OF HAPPINESS WITH HIM,HE HAS TO LEARN TO MAKE ATLEAST A LITTLE TIME OUT OF HIS BUSY SCHEDULE FOR U.i hope in these trying time u do some serious soul searching cos u will need it.All the best

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Filed: Timeline

The K1 visa is not a get to know each other visa, your intended (the USC) did not adequately prepare for your arrival, IMHO.

You have a quagmire and only you can answer it. If you do not get married within the 90 days then even if possible it will come at a higher cost to this current USC amd may be impossible without a lengthy ban to another USC in the future (sorry, I tend to think/post logically and without emotions).

Based on what you wrote, if the USC cannot take time out of his global saving duties to marry you withing the 90 days then you should probably rethink your relationship and go back home and regroup. This will be a shame.

Good luck.

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Filed: AOS (apr) Country: Denmark
Timeline

Hello, guys!

But the time by what we should get married is till 10th of July and today is the 2nd.

He said that he loves me and dont want me to leave but this is insane to get married even didnt spend time together, like how weknow that we are the right for each other if we dont do anything together. and all we know is that we love each other. We waited two years to get k1, had patience, love and now he came with this..its insane to get married without spending time together.

My I94 is till 7th of august, and if I overstay for 2 or 3 months and then get married to petitioner, will I have problem? and in the situation if I overstay 2 or 3 months and we decide that we are not right for each other and wont get married, what problems I may have in future?

Your i-94 is stamped with a validity(lawful stay) of 90 days. If that expires August 7th that is the last date of the 90 days. Which date did you enter the US?

After the 90 days you will - no matter what - be in the US unlawfully, married or not. You will have to AOS. The overstay is forgiven as the spuse of a US citizen. Recently, a person just had their AOS denied as they got married on the 92nd day. If you choose to marry AFTER the 90th day, make sure to file both i-130 and i-485 since you won't be adjusting based on the K1 approval. You still have to marry the original petitioner, otherwise there is no way to adjust status.

Sit down with your fiance and have a heart to heart because it doesn't make sense to back down or feel like you're "rushing into it" when he signed a bunch of papers stating the opposite. You also have to make up your mind if you're willing to sit around doing nothing the next months. Nothing includes work, driving and spending time together if he still won't have any time. It's ofcourse worth the wait if you're meant to be.

And I agree, it's.. different to first start knowing each other after filing a petition or proposing to someone. But in the end, he is legally allowed to not follow through with your original plans.

Good luck on whichever you choose.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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Filed: AOS (apr) Country: Nigeria
Timeline

I'd give anything to have my fiance here. I wonder what yours was thinking the K-1 visa was about when he filed for you, and all the waiting and stress.

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