Fiancee overstay

[Mike11 0]

Hi,

My fiancee is due to leave on December 3rd, however our wedding will take place in January....are there any complications if this is to happen? Its just a pain to plan a wedding in 3 months.

Thanks in advance

[LuckyDucky 0]

My fiancee is due to leave on December 3rd, however our wedding will take place in January....are there any complications if this is to happen? Its just a pain to plan a wedding in 3 months.

Did you mean your fiancee is due to leave her country and travel to the US on Dec 3rd? I assume she's entering the country on a K-1 visa?

The requirements of the K-1 visa is that the beneficiary marries the petitioner within 90 days of entry to the US. So if she comes to the US in December 2008 and you marry in January 2009, you'll have no problem. If you want to marry in January 2010, there will be a problem.

Hope I'm understanding correctly! It's a Monday night so my brain is frazzled from the weekend.

[Marina-Del 10]

Yeah, I'm with you. That is confusing. I read that as the fiances visa to the US EXPIRES on Dec 3rd...but the poster could very well mean that they are leaving their country to come to the US on Dec 3rd. Although, if that is the case then of course they could get married in January so that is a strange question to ask. They don't make you get married the next day!

Then again, they do also mention that it is a pain to plan a wedding in 3 months -which again makes me think that the visa expires on Dec 3rd. YOU HAVE TO GET MARRIED WITHIN 90 DAYS OF THE FIANCE ENTERING THE USA!!

If you need longer than 3 months to plan a wedding, then do what the rest of us do and start planning before the other arrives!

Good luck!

[LuckyDucky 0]

Yeah, I'm with you. That is confusing. I read that as the fiances visa to the US EXPIRES on Dec 3rd...but the poster could very well mean that they are leaving their country to come to the US on Dec 3rd. Although, if that is the case then of course they could get married in January so that is a strange question to ask. They don't make you get married the next day!

Then again, they do also mention that it is a pain to plan a wedding in 3 months -which again makes me think that the visa expires on Dec 3rd. YOU HAVE TO GET MARRIED WITHIN 90 DAYS OF THE FIANCE ENTERING THE USA!!

If you need longer than 3 months to plan a wedding, then do what the rest of us do and start planning before the other arrives!

I didn't even think of the possibility that their 90-day limit concludes on Dec 3rd. (That's probably what they did mean.)

As an option, there's nothing wrong with having a civil ceremony to satisfy the conditions of the K-1 visa and then having a religious ceremony (for friends and family) later. We are in the process of doing that.

Edited October 7, 2008 by LuckyDucky

[Marina-Del 10]

Yeah, that's a good idea. Just go to the courthouse with a witness and sign the marriage certificate and then you're "married". That way he can legally stay in the country (and hey....the AOS will be done faster!! You should do this ASAP and then you can start getting on the road to no more visa annoyances) and THEN have your big wedding!

[payxibka 10,045]

Hi,

My fiancee is due to leave on December 3rd, however our wedding will take place in January....are there any complications if this is to happen? Its just a pain to plan a wedding in 3 months.

Thanks in advance

It is even a bigger pain in the ### then to do it in 90 days.... If you do not marry in the 90 days but you do get married, then you must file an I-130 petition along with the I-485 as you will be precluded from adjusting from the K-1 alone... But she will be allowed to stay here during the adjustment process

[SusieK 3]

Hi,

My fiancee is due to leave on December 3rd, however our wedding will take place in January....are there any complications if this is to happen? Its just a pain to plan a wedding in 3 months.

Thanks in advance

It is even a bigger pain in the ### then to do it in 90 days.... If you do not marry in the 90 days but you do get married, then you must file an I-130 petition along with the I-485 as you will be precluded from adjusting from the K-1 alone... But she will be allowed to stay here during the adjustment process

Mike, please clarify what you mean, i take it that a visa was granted correct? As long as Visa was granted she has six months from date of visa granted to get here and once she is here on US soil, you have exactly 90 days to get married and on day 91 it becomes a major problem if not married.

Travel outside the USA during an I129f visa carries restrictions so be careful there,.

Cheers and congrats if Visa is in hand

[payxibka 10,045]

you have exactly 90 days to get married and on day 91 it becomes a major problem if not married.

A problem, yes... A problem that cannot be overcome, NO

[Gary and Alla 3,694]

Not to beat a dead horse...

If you mean by "leave" she is to leave Ukraine and come to the USA, no problem. You have 90 days to get married AND file the AOS. If you mean by "leave" her K-1 visa expires and she is due to leave the USA to return to Ukraine, yes it is a minor problem. I say minor because you need only go to the courthouse, get married and file the AOS, then you can plan as elaborate a "wedding" as you like, for whenever you like. It is exactly what I have done with my wife. We have had a simple civil ceremony and are planning a bigger wedding for next summer.

Gary

[pushbrk 12,903]

Hi,

My fiancee is due to leave on December 3rd, however our wedding will take place in January....are there any complications if this is to happen? Its just a pain to plan a wedding in 3 months.

Thanks in advance

It is even a bigger pain in the ### then to do it in 90 days.... If you do not marry in the 90 days but you do get married, then you must file an I-130 petition along with the I-485 as you will be precluded from adjusting from the K-1 alone... But she will be allowed to stay here during the adjustment process

This is the correct response. It covers the relevant issues regardless of what the OP meant with regard to dates.

Most folks find that a civil marriage at the courthouse or a simple ceremony with their clergy within the ninety days is preferrable to paying hundreds of dollars for an I-130 filing. Then, if they wish to go ahead with the more formal arrrangements later, no problem.

[Mike11 0]

Sorry for those who did not understan my question...my brain was fried on Monday, and I had no connection the last 3 days....

My fiancee arrived in the US on Sept 4th...She is due to go back home on December 3rd....however our wedding plans are for january...I was wondering if anyone had a similar scenario...

Thanks for ur answers and comments...I just dont want her to have to go back home and start all over again....our plans have been to marry since we started this

[desert_fox 32]

Sorry for those who did not understan my question...my brain was fried on Monday, and I had no connection the last 3 days....

My fiancee arrived in the US on Sept 4th...She is due to go back home on December 3rd....however our wedding plans are for january...I was wondering if anyone had a similar scenario...

Thanks for ur answers and comments...I just dont want her to have to go back home and start all over again....our plans have been to marry since we started this

It is important that your fiancee not leave the US on a K-1 visa. If she does, she won't be getting back in, as it a single entry visa. If you mean that her I-94 will expire, then she can remain. If you get married in Jan, then you will have to file the I-130 for her ad drag out things for another six or more months.

[Kathryn41 3,205]

If you are planning on a K-1 visa she has a one time arrival in the US on that visa. She cannot leave and come back again on that visa. Once she is here she has to get married within 90 days or she cannot adjust status based on the K-1 visa. Has she activated the K-1 visa yet? If so, then if she leaves the US without getting married she will not be allowed back in to get married later. You would have to start the visa process all over again from the beginning. If she gets married but hasn't received an Advance Parole (permission to return to the US) if she leaves the US you will have to start the visa process all over again from the beginning as well.

If she is here now but not on the K-1 visa, then she can leave and return to the US when the K-1 visa is issued to get married. There is no guarantee that she will get the K-1 in time for your January wedding, however, if she isn't returning home until December. On what status is she in the US right now? On what status will she be returning to the US in January? Does she intend to stay in the US after the wedding in January or return home again to finish a spousal visa?

If she is here on a K-1, then basically, going back home in December will negate all of your immigration paperwork to this time. Why is she going back?

Edited October 10, 2008 by Kathryn41

[Mike11 0]

If you are planning on a K-1 visa she has a one time arrival in the US on that visa. She cannot leave and come back again on that visa. Once she is here she has to get married within 90 days or she cannot adjust status based on the K-1 visa. Has she activated the K-1 visa yet? If so, then if she leaves the US without getting married she will not be allowed back in to get married later. You would have to start the visa process all over again from the beginning. If she gets married but hasn't received an Advance Parole (permission to return to the US) if she leaves the US you will have to start the visa process all over again from the beginning as well.

If she is here now but not on the K-1 visa, then she can leave and return to the US when the K-1 visa is issued to get married. There is no guarantee that she will get the K-1 in time for your January wedding, however, if she isn't returning home until December. On what status is she in the US right now? On what status will she be returning to the US in January? Does she intend to stay in the US after the wedding in January or return home again to finish a spousal visa?

If she is here on a K-1, then basically, going back home in December will negate all of your immigration paperwork to this time. Why is she going back?

She is here on a K-1 Visa she arrived September 4th, the 90 day period expires on December 3rd. Our plans aren't until January, I we didnt want any legal complications so, originally I just wanted to know if she would be penalized for overstaying past the 90 days.

Thanks for all your comments

[BermyCat 1]

You shoud definitely head to a courthouse before December 3rd and have a civil ceremony. It's the only way to avoid problems. That won't stop you from having whatever ceremony you've planned for January.

~ Catherine