In the States on a K1 visa and still not married....

[VanessaTony 3,567]

Isn't there a red flag as they haven't married yet? A K1 visa easily explains that you only have 90 days to marry once you enter POE or you have to leave. It's all fair and good filing the I-130 and I-145 once they marry but how easily will the USCIS approve it?

USCIS will probably ask a qn or two about why they waited but it's not a big deal really unless they say something like "we weren't sure if we wanted to stay together and needed more time" and i think it depends on how long they waited. They WILL have an interview though where if they filed based on the K1 you have a 50/50 shot of getting an interview.

The K1 doesn't actually say "90 days to marry or leave". The only REAL rule is "must marry original petitioner". The "or leave" part is that you are out of status once the I-94 expires. If you don't marry in the 90 days then you can't AOS based on the K1 (and thus save the $420 for the I-130 and possibly the price of a new medical if you wait too long.. in fact, I don't know if by filing the I-130 it means you need a new medical anyway because the medical is a K1 medical.. interesting qn).

It just seems silly to spend all the money on the K1 and then not marry in the 90 days, thus costing yourself more money... you should have been sure before you filed the K1!

-- OP, it doesn't appear that he cares about you at all. If he DID your status would matter to him. You're not married so you aren't protected should ICE decide to pick you up one day. You are working illegally which is forgiven on AOS as spouse of a USC but again, not married. It truly sucks that he did this to you but now YOU have the power to decide what you want to do. You can't legally stay here without him so I would leave before you reach 180 days of overstay and get a ban. You're already an overstay so getting a visitors visa will be next to impossible. If you meet another person who files for you to come back though it won't be held against you.. UNLESS you have a ban. A ban you need to get a waiver for. So leave soon. Protect yourself.

[Messybrownhair 251]

I wish I knew had some sound advice to give, but others know far more than me and they all seem to have great advice. I just hope it works out for you and I wish you all the best! You do not deserve to go through this, and I hope he realizes your worth soon! If he continues to be like that, you deserve much better and also ask yourself if this is really what you want. i wouldn't want you to marry him only for the sake of staying in the country, also realize that you will be devoting your life as a wife to a man who cannot even fight for you or consider your well-being in America. I hope he realizes it soon!!! Best of luck to you!

[Justine+David 218]

Be careful about your length of overstay--you don't want to incur a ban to the US.

[James And Oksana 19]

Your sponsor (do not say fiancé because if he will not marry you, then is he really that??) signed a letter of intent that he would marry you, and now he will not?! I would not mess with overstaying your visa much longer. I would book flights back and let him know that if he wishes you not to be on that plane, then follow through on marrying you, and filing for adjustment of status paperwork. If he does not wish to do all of that before the flight, then I would go back. You do not want to get a max penalty of 10 years being barred for his selfishness. Him wanting you to stay, yet does not want to commit to you. Very Very Selfish!!!

[Brother Hesekiel 2,236]

Aside from children who are simply not in a position to fend off an abuser, abusing someone requires a participant to allow the abuse. In the world of drugs, we talk about enabling drug abuse.

Your "fiance" did something immature: he stated that he would be ready to marry you and once you've agreed and left your life behind and moved to the US he felt that he can live up to his word and commitment any more. He needed more time.

The more time passes, the more convenient it becomes for him to have a worker, partial provider, and willing skin toy, which gives him total power to get rid of you easily the moment he feels like it.

Tell him his time is up, as it gets to the core of you to be instantly deportable. You did bot come to the US to live in the shadows; you came in order to marry him and live a life as a respected equal to him. Give him an ultimatum to marriage and AOS and if it doesn't work, cut your losses and realize that getting married so early in life is indeed pretty scary for many boys.

Wish you the best.

[iampatricias 17]

I sympathize with your situation - you've come all this way, 95% of the way through the process, and your guy's putting you off... It might be time to consider whether you would like to be free to travel in the future. If you two don't follow through, you're going to run into difficulty any time you'd like to go home and come back to the States...

In that, I agree with James And Oksana - your petitioner needs to face the seriousness of YOUR situation: either he needs to take a deep breath and marry you so you won't be with him illegally (and working illegally) anymore, or take a deep breath and admit he is too immature to follow through and put you on a plane home because not making a decision is not an option if you value your freedom to travel, and none of that even touches the emotional aspects of what is more "loving" at this point.

[Krikit 1,164]

Moving from K-1 Process to Effects of Major Changes.

[Rob and Jill 82]

Normally, I am the kind of person who says ultimatiums are bad for relationships, but I think you should use one here. He needs to man up or you should break up. I think it's crazy you're helping pay for an apartment and working illegally because he won't make a decision.

Leave him if he is not going to marry you. Furthermore, when you leave, get a notorized letter from him stating that you overstayed because he jerked you around.

[RICARDO4EVA2 194]

Normally, I am the kind of person who says ultimatiums are bad for relationships, but I think you should use one here. He needs to man up or you should break up. I think it's crazy you're helping pay for an apartment and working illegally because he won't make a decision.

Leave him if he is not going to marry you. Furthermore, when you leave, get a notorized letter from him stating that you overstayed because he jerked you around.

Don't how a notarized letter would help. The visa was issued to her not him and she is the ONE who needs to operate under the rules of the visa. I'd love that in the B1/B2 category.

[Aztec&Taino 144]

It sounds to me like both the OP (beneficiary) and the USC petitioner are very young. Youth is not, however, an excuse that would justify the OP's illegal overstay; the K1 visa is clear in that the beneficiary must marry the petitioner within the 90 days upon entering the US OR leave the US without incurring an unlawful stay. Not only does the OP stayed, unlawfully, but she has been working (she does not mention if she filed for and received an EAD, but we can assume she did not as she is working in the family business).

I do not want to sound heartless as I do have sympathy for the OP and any other beneficiary for whom things do-not-quite-work-out-as-planned. Caution to ALL beneficiaries: You are leaving your country and, in many cases, selling your house, car, leaving your job, family, circle of friends, etc. because you hope that things will work out between you and your fiance(e). Yet, it is good to think of the possibility that things may not work out. What would you do? The OP is staying and working in the US illegally. It really does not sound as though the fiance has any plans or real intentions of marrying the OP. At this point, the OP should consider leaving the USA as it is clear that the promise of marriage will not be fulfilled. There is no way for the OP to adjust her status without marrying the petitioner.

Best wishes.

[leahandlucas 15]

you will be nearly 1 year illegally in the US. Good luck on this one, you deserve some good advice.

Or she deserves someone better??

[Jubi & Tony 3]

If I was you I would save up your money and contact an attorney. I think your Fiancee has engaged in a loophole of human trafficing. He brings you over legally and then puts you into service at the restuarant. He delays to get you into an illegal status so now you are at his mercy and in many ways enslaved to his whim. From frauding you into his scheme he gets your companionship and discounted help at the restuarant. See a lawyer

[cookieandcream 10]

tell him he should marry you now or you're leaving, and see how he reacts

[coraliesolms 47]

Yes, I would sit him down and say this:

"At this point we can get married and it wont affect us too much, or we dont get married and I go home before I incrue a 10 year ban from the United States. "

If he says he is still not ready (and after this amount of time he should know if he is or not) then it is time to jump ship on this man.

I wish you the best, and you need to get this resolved very quickly.

[amykathleen2005 441]

It sounds to me like both the OP (beneficiary) and the USC petitioner are very young. Youth is not, however, an excuse that would justify the OP's illegal overstay; the K1 visa is clear in that the beneficiary must marry the petitioner within the 90 days upon entering the US OR leave the US without incurring an unlawful stay. Not only does the OP stayed, unlawfully, but she has been working (she does not mention if she filed for and received an EAD, but we can assume she did not as she is working in the family business).

I am the same age as the beneficiary, I don't think it is age at all that is the problem.