Failure to file for AOS

[T Ron 0]

If my fiancee comes to U.S.A. and we get married before the 90 day period, but do not apply for AOS and then decide to go back to her home country after the 90 days on her K-1 visa has expired, what happens? Would we be subject to any penalties or punishment? What would happen at the airport when we tried to exit the country.

[Otto 83]

If my fiancee comes to U.S.A. and we get married before the 90 day period, but do not apply for AOS and then decide to go back to her home country after the 90 days on her K-1 visa has expired, what happens? Would we be subject to any penalties or punishment? What would happen at the airport when we tried to exit the country.

Well, first of all - the K-1 visa expiration date would mean nothing once it has been used to enter the US - the I-94 in the passport, valid for 90 days, is what would matter. So assume she comes to the US, marries within 90 days, and leaves before the I-94 expires. Overstay would begin on the 91st day.

There would be no penalty or punishment at the airport, nor in her home country. If you wanted her to return, you would have to start over with a spousal visa this time.

[daboyz 36]

If my fiancee comes to U.S.A. and we get married before the 90 day period, but do not apply for AOS and then decide to go back to her home country after the 90 days on her K-1 visa has expired, what happens? Would we be subject to any penalties or punishment? What would happen at the airport when we tried to exit the country.

Well the K-1 would be finished. It's a single entry visa. You would have to start all over again. You would need to have an approved advance parole before she leaves the US in order to return. Nothing at all would happen when you exit the U.S. She will turn in her I-94.

[payxibka 10,047]

If my fiancee comes to U.S.A. and we get married before the 90 day period, but do not apply for AOS and then decide to go back to her home country after the 90 days on her K-1 visa has expired, what happens? Would we be subject to any penalties or punishment? What would happen at the airport when we tried to exit the country.

no problems on exit as the US as no Exit passport control...