Letting a K1 expire...what happens next?

[MichaelANDVelvet 2]

I had a quick question. My fiancee and I got the K1 visa.

If she comes here from canada and in the three month period we do not get married, what happens next?

Does she have to go back instantly or is she able to stay for the six month period minus a day as if she was just visiting?

Can you get an extention on the K1 expire date before use? Or an extention onthe visa once crossed the border?

Has anyone had their K1 expire and then try to apply for another K1 with the same person? What are the issues with trying to apply for another K1 after having one expired, will it be harder?

I am also a Canadian citizen, if we let the K1 expire and I go up there and we get married...would they frown upon that if then we were married and I wanted to bring her to the usa?

Thanks!

[NigeriaorBust 4,087]

Assuming you have gotten the K1 and realize that now is not the time to get married it is better immigration wise if you go to the consulate and ask that the visa be cancelled without prejudice. If you come and overstay and go for a CR1 you will get more intense questions next time around. Also expect more border hassle if you don't use the K1 they expect you to not return at that point.

[sam357 4]

I had a quick question. My fiancee and I got the K1 visa.

If she comes here from canada and in the three month period we do not get married, what happens next?

Does she have to go back instantly or is she able to stay for the six month period minus a day as if she was just visiting?

Can you get an extention on the K1 expire date before use? Or an extention onthe visa once crossed the border?

Has anyone had their K1 expire and then try to apply for another K1 with the same person? What are the issues with trying to apply for another K1 after having one expired, will it be harder?

I am also a Canadian citizen, if we let the K1 expire and I go up there and we get married...would they frown upon that if then we were married and I wanted to bring her to the usa?

Thanks!

I don't think you can get an extension for the K1. If you don't marry then she has to return immediately.

[Tim/Mav 305]

I had a quick question. My fiancee and I got the K1 visa.

If she comes here from canada and in the three month period we do not get married, what happens next?

Does she have to go back instantly or is she able to stay for the six month period minus a day as if she was just visiting?

Can you get an extention on the K1 expire date before use? Or an extention onthe visa once crossed the border?

Has anyone had their K1 expire and then try to apply for another K1 with the same person? What are the issues with trying to apply for another K1 after having one expired, will it be harder?

I am also a Canadian citizen, if we let the K1 expire and I go up there and we get married...would they frown upon that if then we were married and I wanted to bring her to the usa?

Thanks!

I think Your K-1 Visa will be Null and Void for not meeting the90 day requirement in your Original 129-F Petition. You MAY have to start all over witht he process with a CR-1 and another time period separate.

[Tim/Mav 305]

Also if she crossed the Border using a K-1 Visa and Overstays. You will find A BIG MESS Later. There is NO Such thing to My Knowledge of Overstaying a K-1 Visa (90 Days). Where did you get this 6 month idea?

[Penny Lane 8,159]

Also if she crossed the Border using a K-1 Visa and Overstays. You will find A BIG MESS Later. There is NO Such thing to My Knowledge of Overstaying a K-1 Visa (90 Days). Where did you get this 6 month idea?

I think they got it from the fact that when crossing the border, Canadians are generally allowed to spend 6 months in the USA before having to return.

But yes, the main condition of the K1 visa is getting married within 90 days. If you are not going to fulfill that condition, then after 90 days, the beneficiary needs to leave.

[MichaelANDVelvet 2]

Thank you for the replies. Yeah, I was tallking about the subject coconut said. Is it better to cancel the visa, does that better your chances to apply again?

And what about me going to canada and marrying her. I am a dual citizen, canada and usa. If the K1 expires and I instead go to canada and marry her there, would filing for a visa to move her back to the usa be harder because of the visa expiring?

[SuperDuper! 230]

Why not set up an infopass appt and ask for an extension. The worst thing they can say is no. Hmmm?

[BSquared 9]

I had a quick question. My fiancee and I got the K1 visa.

If she comes here from canada and in the three month period we do not get married, what happens next?

Does she have to go back instantly or is she able to stay for the six month period minus a day as if she was just visiting?

Can you get an extention on the K1 expire date before use? Or an extention onthe visa once crossed the border?

Has anyone had their K1 expire and then try to apply for another K1 with the same person? What are the issues with trying to apply for another K1 after having one expired, will it be harder?

I am also a Canadian citizen, if we let the K1 expire and I go up there and we get married...would they frown upon that if then we were married and I wanted to bring her to the usa?

Thanks!

I'm asking this out of total curiousity, because I'm confused. To my understanding - you are still planning to get married - you just don't want to do it in the 90 days - correct? Is this because you'd like more time? Has her 6 months (after visa approval) - expired? If not, why doesn't she remain there for that time and then move here? Sorry if I've misunderstood or am not in the loop for info. :-)

[Gary and Alla 3,694]

I don't think you can get an extension for the K1. If you don't marry then she has to return immediately.

You cannot get an extension, this is true. She does not have to leave. Get married and file an I-485 and I-130.

[Gary and Alla 3,694]

Thank you for the replies. Yeah, I was tallking about the subject coconut said. Is it better to cancel the visa, does that better your chances to apply again?

And what about me going to canada and marrying her. I am a dual citizen, canada and usa. If the K1 expires and I instead go to canada and marry her there, would filing for a visa to move her back to the usa be harder because of the visa expiring?

No, but why? Just marry her here and file for an I-130 with the I-485.

[payxibka 10,045]

be careful of some replies in thus thread as they contain inaccuracies

[BSquared 9]

be careful of some replies in thus thread as they contain inaccuracies

I hope this isn't reguarding what I said. I thought I was right with the 6 months in Canada before moving to the States, but I could be wrong. Hope it wasn't me. :-)

[Aztec&Taino 144]

I hope this isn't reguarding what I said. I thought I was right with the 6 months in Canada before moving to the States, but I could be wrong. Hope it wasn't me. :-)

Once granted, the K1 visa holder has up to six months to use the visa to enter the US. The K1 visa is a single entry visa; once the visa has been used, the beneficiary must marry the petitioning US citizen within 90 days of entry. If the marriage does not occur to the original petitioner within the 90 days of the entry, then the beneficiary would be out of status if he or she decides to stay in the US.

[Harsh_77 718]

Thank you for the replies. Yeah, I was tallking about the subject coconut said. Is it better to cancel the visa, does that better your chances to apply again?

And what about me going to canada and marrying her. I am a dual citizen, canada and usa. If the K1 expires and I instead go to canada and marry her there, would filing for a visa to move her back to the usa be harder because of the visa expiring?

If she entered on K1 she has 90 days as everybody else, if she entered US as visitor then she has 180 days.

It depends on what she had told the CBP officer upon the entry.

If she declared she was on K1 and was going to get married then she becomed illegal on 91st day if you dont get married.