Failed to get married K1

[SCarolina 3]

I just wanted to know all the ways that I may have. and choose the most right according to the US law.

According to my K1 visa I need to get married before 10th of July but the US officer at the JFK airport wrote on my white card (I94) the date that is August 7th. Does that mean that I can stay in the USA till this date, or i have to leave right after 1oth of July if I fail to get married?

Anyways, I thank all of you, guys, for your comments. It helps! thank you!

[JohnR! 5,495]

I just wanted to know all the ways that I may have. and choose the most right according to the US law.

According to my K1 visa I need to get married before 10th of July but the US officer at the JFK airport wrote on my white card (I94) the date that is August 7th. Does that mean that I can stay in the USA till this date, or i have to leave right after 1oth of July if I fail to get married?

Anyways, I thank all of you, guys, for your comments. It helps! thank you!

Carolina, on what date did you arrive in the US? Your fiancee visa is valid for 90 days upon arrival in the US. At the end of the 90 days you must either marry your petitioner or leave the country.

Edited June 4, 2012 by Gegel

[Caryh 5,206]

I just wanted to know all the ways that I may have. and choose the most right according to the US law.

According to my K1 visa I need to get married before 10th of July but the US officer at the JFK airport wrote on my white card (I94) the date that is August 7th. Does that mean that I can stay in the USA till this date, or i have to leave right after 1oth of July if I fail to get married?

Anyways, I thank all of you, guys, for your comments. It helps! thank you!

The I-94 they put in your passport will have the Valid until date in it. The K-1 visa was no longer valid the moment you entered the USA. The K-1 allowed you that one entry, the I-94 controls the time you have here. There will be a stamp on the I-94 card with the date of entry and the expiration date.

[Tinchen_ 21]

I wanna answer the question why he does not want to marry me. he is a millionaire, he is working for 18 hours a day with no day-offs. I almost dont see him, 10 minutes a day but he says he loves me most thats why Im still staying at his place. After one month I have been here he said that I am a wonderful girl and he loves me. but if to ask him will he marry me, he said that he wont. As I realized he needs a woman who can run his business as well as he does. im trying so hard, I started to run his italian restaurant at Myrtle Beach and it seems like he starts to like things the way they are but still he does not talk about wedding. He said before that in the end of June we will make a decision. or I leave, or we get married. Moreover we got a big difference in age. Im 21, he is 48.

And I wanted to add...I dont wanna marry another person, I love my fiance. If I cant marry him, anyway I wont stay, I will go back home because I respect american laws. Honestly I never wanted to live in the USA, I came in here just because of my fiance, he said that he loves me most and I did believe and still I do believe because he keeps saying this while doesnt show it...

hi Carolina im sorry to hear that. but your best option would really be just to fly back home and start over in your home country. i bet its hard special when u gave everything up but thats the choice you have.

im wondering why ur fiance brought u to the states on a k1 visa when he doesnt wanna marry you.

[afoyoswa 178]

hi Carolina im sorry to hear that. but your best option would really be just to fly back home and start over in your home country. i bet its hard special when u gave everything up but thats the choice you have.

im wondering why ur fiance brought u to the states on a k1 visa when he doesnt wanna marry you.

It strikes me that it might have something to do with how you are apparently running a restaurant for him? Since you can't earn money legally until after AOS, several months of free labor might be quite an inducement? And even if he isn't paying you, it still isn't permitted for a K-1 to do work that someone else would get paid for doing. I don't know too much about your situation, but I'd be surprised if what you are doing is permitted without an EAD (and he should know that).

I hope you can sort everything out.

[jaycali 415]

And a lot of people here (I mean Americans at this town where I am) tell me to stay, that there is always an option, this is America, everybody has a choice, and I dont need to leave. But thats not true. At least in my situation. I know that but they keep confusing me. and I dont wanna make mistakes. The United States is a beautiful country, and anyway I have to follow the laws. because this is a right thing to do. Its simple.

That's because a large portion of the American public knows nothing of US immigration law, simply because they never have to deal with it.

Your options are these:

1. Marry your fiance within 90 days of your date of entry.

Or

2. Leave the US within 90 days of your date of entry.

There are no other options. Your K-1 visa was based on the I-129f petition filed by your fiance. If you want to marry someone else, you need to go home, and have them file a different petition for you. If you want to stay for other reasons.. Work, study etc., you'll need to go home and get a student visa or find a way to get a work visa. If you don't want to live in the US without your fiance, then you need to tell him straight up that you'll be in the country unlawfully by a certain date, and that if he doesn't marry you by then, you have to leave.

PS. I know you're in a tough situation, but running his restaurant before you're married and file AOS is still illegal. You are currently not authorized to work.

Edited June 4, 2012 by jaejayC

[P+J 47]

27 year age difference? Millionaire...ehh..I don't think this ends well. But the other posters are right. The K1 is a very strict Visa. You'll most likely be going home..There really are no other options.

[KazuriSana 324]

Moreover we got a big difference in age. Im 21, he is 48.

Did he not tell you his age before you knew each other well enough to want to get married? If you did not know his age before you agreed to marry him, you certainly do not know enough about him for you to pass the AOS interview.

Also, if he is already exploiting you as a laborer in his restaurant, maybe he is a human labor trafficker, and you could perhaps get in touch with authorities as an exploited human...

But like others have stated, your options for the 'Green Card' are pretty slim if you do not marry this Myrtle Beach millionaire.

[Almost done 0]

He might be using you for his benefit - e.g you mentioned he wants you to run his restaurant. Seems he wants someone to do his work free. since you won't be paid. Too bad, i might be wrong though, but if he doesn't marry you - he is not worth it.

I wanna answer the question why he does not want to marry me. he is a millionaire, he is working for 18 hours a day with no day-offs. I almost dont see him, 10 minutes a day but he says he loves me most thats why Im still staying at his place. After one month I have been here he said that I am a wonderful girl and he loves me. but if to ask him will he marry me, he said that he wont. As I realized he needs a woman who can run his business as well as he does. im trying so hard, I started to run his italian restaurant at Myrtle Beach and it seems like he starts to like things the way they are but still he does not talk about wedding. He said before that in the end of June we will make a decision. or I leave, or we get married. Moreover we got a big difference in age. Im 21, he is 48.

And I wanted to add...I dont wanna marry another person, I love my fiance. If I cant marry him, anyway I wont stay, I will go back home because I respect american laws. Honestly I never wanted to live in the USA, I came in here just because of my fiance, he said that he loves me most and I did believe and still I do believe because he keeps saying this while doesnt show it...

[vertman 4]

yeah.. but anyway we shall see what happen. We don't really know the story behind her. But I do believe that you must leave the country if he/you wont marry you/him. I'm just curious about your fiance if he petitioned you to come here. He should know what your capable of; just sayin like you both are chatting and you should know each other, and saying because you can't operate something or to manage/help his business, He wont marry you! sorry to say but for me "Love doesn't explain that way" then you added because he doesn't want to marry you now but you're already here. That means something changes his mind.

[BethandBilly 86]

Sounds fishy to me, that is all.

[P+J 47]

Sounds fishy to me, that is all.

Very. The age difference alone is enough to take pause. I think I've gotten a pretty good perspective on Ukrainian culture in the years with my fiance. It can happen, but it's really not that common. Not at all. And when you factor in all of the other things with the story..yikes.

[Moomin 292]

And a lot of people here (I mean Americans at this town where I am) tell me to stay, that there is always an option, this is America, everybody has a choice, and I dont need to leave. But thats not true. At least in my situation. I know that but they keep confusing me. and I dont wanna make mistakes. The United States is a beautiful country, and anyway I have to follow the laws. because this is a right thing to do. Its simple.

Yes there are options in the US. Most people are advising based on the fact that they ARE US citizens and think the government will bow to them. I'm sorry, it doesn't work that way. My husband still thinks I'm a US citizen in a few months despite explaining it to him. You, as a non-immigrant, have very few legal choices. A change of heart isn't a crime. You have to marry the original petitioner; your adjustment of status is based on your i129f approval and marriage to that one person, your fiance.

You knew about the age difference prior to your arrival, probably also that your fiance works 18 hour days. Getting married is a big step. If your fiance is not sure about it, ask him to take 1 day off from work to spend with you. That, IMO, is worth much more than 10 minutes a day.

He's not obligated to buy you a plane ticket to your home country if things don't work out however I'd say the least he can do after having left you to yourself for 3 months is making sure you get home and back safely. But that's about the only advise to give you. He's not forcing you to work or marry you meaning you're free to leave, go home and search for happiness over again. In that order. No marriage to anyone else can make you legally stay in the US.

By not obligated I mean that the i-134 is not a legally binding contract.

Edited June 4, 2012 by moomin

[C&Q 25]

U said u didn't even want to move to the US ... So why are u asking for any other options? ...

[tru_loves_journey 117]

This man seems to have worked really hard to have owned a resturant and became a millionaire in S.C . I'm sure in S.C. he has many ppl wanting to work for him. Why don't you just stay in his expensive home kick back and take it easy and see what he will do? If he cared enough to pay the money to get you here and take his time to be with you then he must feel something for you,right? Seems like you're in a hurry to skip out on his life to me. Thinking of marry another, What's with that? You think it's been easy for him to get where he is? You knew he worked long hours before you came here. I guess he has you join him at his resturant so you won't be home alone,work ? i don't think so. You might want to think of what you might have said or done that could have made him change his mind. Maybe he is feeling alittle unloved and used. Try asking him how he feels about whats going on in your relationship. If he is willing to marry you then so be it, If not then you should return to your country so it doesn't cause you problems down the road. The advice of the good folks in S.C. about staying and finding other options should go in one ear and out the other, listen to folks here on VJ they have steered you in the right direction. Good Luck

Edited June 4, 2012 by tru_loves_journey