Fiance visa to expire

[cris77 0]

In less than a month my fiance's K1 visa will expire. She want's to be sure about the marriage and does not want to marry just because of the 90 day requirement. I was ready to go ahead with the marriage but of course I am now worried if she is not ready.

She was thinking that she could staya and marry later. But she now understands that on day 91 she will be out of status and must return to her home country, or she is an illegal with probably no chance of ever getting permanent residency. If she returns to her home country, she is thinking that she can apply for a fiance or spouse visa later. I cannot imagine going through this process again, not to mention the expense.

Many questions arrise.

Can she request an extension of the K1?

If she returns to her home country, and we cancel the current K1, what is the likelyhood that another K1, or K3 spouse visa will be approved later on?

What is the likelyhood of her being approved for a tourist visa, so that we could see each other?

If she over stays and we marry a few months from now, I would think an application for adjustment of status would be shot down and she would be deported?

[Mew 0]

About extension:

9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a six-month period, has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.

[desert_fox 32]

after day 91, you will be out of status. If you are planning on getting married...DO NOT LEAVE the US, as you will not be getting back in without a new visa. Since she entered legally, get married after day 91 if you want. You will now be required to go thru the I-130 route whcih means being stuck until it is approved.

[cris77 0]

Would this mean that she could leave the country before the 90 days is up and return in say 3 months and we could marry just as long as it's before the end of the six month period, assuming she gets a new K1 from the consulate.

Would this then be a direct consular filing?

About extension:

9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a six-month period, has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.

[diadromous mermaid 36]

If a K-1 visa..... has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa

Chances are, if she left tomorrow, she could only return to her country and would have to be back and married in 30 days or less, in your case, and even that would be predicated on an immediate extension of the K-1. You said you are approaching 60 days already.

[matako 0]

What is there to think about? She got a visa and got all affidavits swearing to get married within 90 days of entering the US and now she is not sure? Please send her ### back to where she came from and get another woman! People like this really annoy me.

Other people are waiting to get visas, and some of those who have them are playing with what they have.

I wish this visa would have taken 10 years to process, to give her enough time to think about whether to get married or not,once she gets here.

FYI, the assumption of the K-1 visa is that one is already decided on getting married at the time the initial I-129F is filed. Otherwise why call oneself a fiance?

------

In less than a month my fiance's K1 visa will expire. She want's to be sure about the marriage and does not want to marry just because of the 90 day requirement. I was ready to go ahead with the marriage but of course I am now worried if she is not ready.

She was thinking that she could staya and marry later. But she now understands that on day 91 she will be out of status and must return to her home country, or she is an illegal with probably no chance of ever getting permanent residency. If she returns to her home country, she is thinking that she can apply for a fiance or spouse visa later. I cannot imagine going through this process again, not to mention the expense.

Many questions arrise.

Can she request an extension of the K1?

If she returns to her home country, and we cancel the current K1, what is the likelyhood that another K1, or K3 spouse visa will be approved later on?

What is the likelyhood of her being approved for a tourist visa, so that we could see each other?

If she over stays and we marry a few months from now, I would think an application for adjustment of status would be shot down and she would be deported?

[zxed 0]

What is there to think about? She got a visa and got all affidavits swearing to get married within 90 days of entering the US and now she is not sure? Please send her ### back to where she came from and get another woman! People like this really annoy me.

Other people are waiting to get visas, and some of those who have them are playing with what they have.

I wish this visa would have taken 10 years to process, to give her enough time to think about whether to get married or not,once she gets here.

FYI, the assumption of the K-1 visa is that one is already decided on getting married at the time the initial I-129F is filed. Otherwise why call oneself a fiance?

------

In less than a month my fiance's K1 visa will expire. She want's to be sure about the marriage and does not want to marry just because of the 90 day requirement. I was ready to go ahead with the marriage but of course I am now worried if she is not ready.

She was thinking that she could staya and marry later. But she now understands that on day 91 she will be out of status and must return to her home country, or she is an illegal with probably no chance of ever getting permanent residency. If she returns to her home country, she is thinking that she can apply for a fiance or spouse visa later. I cannot imagine going through this process again, not to mention the expense.

Many questions arrise.

Can she request an extension of the K1?

If she returns to her home country, and we cancel the current K1, what is the likelyhood that another K1, or K3 spouse visa will be approved later on?

What is the likelyhood of her being approved for a tourist visa, so that we could see each other?

If she over stays and we marry a few months from now, I would think an application for adjustment of status would be shot down and she would be deported?

i second that, are you sure she actually wants to marry you for the right reasons? some wait years, you have it way to easy, and she obviously doesnt respect the "easy" route...

[Mew 0]

after day 91, you will be out of status. If you are planning on getting married...DO NOT LEAVE the US, as you will not be getting back in without a new visa. Since she entered legally, get married after day 91 if you want. You will now be required to go thru the I-130 route whcih means being stuck until it is approved.

Yes. From the guides:

What happens if we do not get married within the 90 day validity of the K1 visa?

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

As long as she doesn't leave the U.S.

[diadromous mermaid 36]

What is there to think about? She got a visa and got all affidavits swearing to get married within 90 days of entering the US and now she is not sure? Please send her ### back to where she came from and get another woman! People like this really annoy me.

Other people are waiting to get visas, and some of those who have them are playing with what they have.

I wish this visa would have taken 10 years to process, to give her enough time to think about whether to get married or not,once she gets here.

FYI, the assumption of the K-1 visa is that one is already decided on getting married at the time the initial I-129F is filed. Otherwise why call oneself a fiance?

------

In less than a month my fiance's K1 visa will expire. She want's to be sure about the marriage and does not want to marry just because of the 90 day requirement. I was ready to go ahead with the marriage but of course I am now worried if she is not ready.

She was thinking that she could staya and marry later. But she now understands that on day 91 she will be out of status and must return to her home country, or she is an illegal with probably no chance of ever getting permanent residency. If she returns to her home country, she is thinking that she can apply for a fiance or spouse visa later. I cannot imagine going through this process again, not to mention the expense.

Many questions arrise.

Can she request an extension of the K1?

If she returns to her home country, and we cancel the current K1, what is the likelyhood that another K1, or K3 spouse visa will be approved later on?

What is the likelyhood of her being approved for a tourist visa, so that we could see each other?

If she over stays and we marry a few months from now, I would think an application for adjustment of status would be shot down and she would be deported?

i second that, are you sure she actually wants to marry you for the right reasons? some wait years, you have it way to easy, and she obviously doesnt respect the "easy" route...

Hmm. I'd think it it were for the wrong reasons, she'd not hesitate to marry As distasteful as it is for those that know they are appropriately ready to marry upon entry, not marrying for the sake of marrying can be a blessing to both.

[rosyanne 0]

You HAVE TO get married within 90 days.

There is no way for her to get an extension.

[homesick_american 1]

What is there to think about? She got a visa and got all affidavits swearing to get married within 90 days of entering the US and now she is not sure? Please send her ### back to where she came from and get another woman! People like this really annoy me.

Other people are waiting to get visas, and some of those who have them are playing with what they have.

I wish this visa would have taken 10 years to process, to give her enough time to think about whether to get married or not,once she gets here.

FYI, the assumption of the K-1 visa is that one is already decided on getting married at the time the initial I-129F is filed. Otherwise why call oneself a fiance?

I agree. You guys shouldn't have bothered to get it unless you both wanted to get married.

[ChristinaM 0]

K1 doesn't allow people long, and often people who get a K1 have not spent a large amount of time in each others' presence. I would say it's better to not marry if you're not sure and you've not spent much time together.

Thinking you're sure and being sure are not always the same thing...

[TucsonBill 0]

I don't know your whole story, but bottom line, given all it took to get her here, and now she's not sure, (if I were you), I'd be VERY UNSURE myself! I wish there was a 'divorce' forum here you could go read. I've read some stories here that would curl your toes!

As hard as it may be to accecpt, I'd accept it, send her back, and count my lucky stars that you didn't get married - tears now are better than tears plus an absolute nightmare later, (after you're married).

I continually, (to the point of being annoying sometimes), ask Pao "are you SURE this is really what you want", and we discuss all the negatives as well as positives.

I am of the belief that 'love is not enough' to ensure a happy relationship. There should be common goals, common interests, common beliefs about life, religion and child rearing, etc.

Now is the time to be very careful and save yourself alot of grief down the road.

IMHO

Bill

Edited October 1, 2006 by TucsonBill

[Michelle_Otman 0]

In less than a month my fiance's K1 visa will expire. She want's to be sure about the marriage and does not want to marry just because of the 90 day requirement. I was ready to go ahead with the marriage but of course I am now worried if she is not ready.

She was thinking that she could staya and marry later. But she now understands that on day 91 she will be out of status and must return to her home country, or she is an illegal with probably no chance of ever getting permanent residency. If she returns to her home country, she is thinking that she can apply for a fiance or spouse visa later. I cannot imagine going through this process again, not to mention the expense.

Many questions arrise.

Can she request an extension of the K1?

If she returns to her home country, and we cancel the current K1, what is the likelyhood that another K1, or K3 spouse visa will be approved later on?

What is the likelyhood of her being approved for a tourist visa, so that we could see each other?

If she over stays and we marry a few months from now, I would think an application for adjustment of status would be shot down and she would be deported?

when i checked into the k-1 visa my attorney told me that its mainly for couples who really want to marry without a doubt. and that if you dont marry he or she would have to leave the U.S. and they more then likely wont be granted another visa.. because they will think that u used the k-1 just for a visit. and thats not what the k-1 visa is for... people need to make sure with there whole heart that this is what they want... the k-1 is not a 90 day trial!!! best of luck!!!

michelle/otman

[Ladylethal 12]

True, a K1 visa is not to be taken as a 90 day try out. It's for two people who wants to get married to be able to do so the most legal way. They give you 90 days simply 'cus some marriages take time to organize, but if you take into account that you can do a big marriage at any time after the civil one, 90 days is MORE than enough time to get legally married.