Canadian passport and K1

[SweetDelish 38]

question for the Canadians that may know, if you enter the US on a K1 visa in your Canadian passport, but for whatever reason, you don't get married in the 90days, do you have to leave when the 90days is up? or can you stay up to 6 months and not be considered an overstayer?

Reason I'm asking, my fiance and I are considering our options at the moment, I have my interview in 3 weeks for my K1, he is being moved from Hawaii to South Korea in May, its going to cause us some issues if I don't get command sponsorship to move to Korea with him, which is likely and we were considering me going back to Australia for the time hes there, or for me to apply for my own visa into Korea.. I'd be abandoning my K1 visa anyway because its too difficult for him to support me in Hawaii, he has a mortgage that he was going to get some tenants in to rent his house out. We want to talk about it in person, and my biggest concern at the moment is if we cancel now, then they won't let me in for more than say a week because they think I'm going to immigrate. We have the intention at the moment of getting married.. but .. there is always the slight possibility that we don't just yet, we would probably wait and apply for a CR1 later when he comes back from his 2 years in Korea.

any thoughts?

[Ryan H 3,812]

question for the Canadians that may know, if you enter the US on a K1 visa in your Canadian passport, but for whatever reason, you don't get married in the 90days, do you have to leave when the 90days is up? or can you stay up to 6 months and not be considered an overstayer?

It doesn't matter what passport one may have. Entry to the US on a K1 visa requires marriage to the petitioner within 90 days. Failure to marry within that 90 days will result in accrual of unlawful presence.

[SweetDelish 38]

ok, thats all I needed to know. Thanks!

[pocheros 101]

Don't have advice for your situation specifically, but if you enter on a K1 visa you need marry within those 90 days. You can certainly marry and exit the US within those 90 days, and apply for a spousal visa later, but you don't want to overstay. If you entered and stayed longer than 90 days without marrying you would be out of status and you don't want to do that.

[SweetDelish 38]

yep, I think I am going to postpone the interview, go over for Christmas, and make the decision while there, I'll get a return ticket to come back for the interview if we choose to proceed with K1, or cancel while there, if we decide not to continue and stay on for around 3-4 months anyway, then return to Australia for a few months and make plans to move to Sth Korea, we can always do the CR1 while we are in Sth Korea in a few years and I won't enter on my K1 without intending on using it.

obviously I wouldn't even consider not fulfilling the K1 requirements if we used the visa. and unfortunately our dilemma has come up only recently, just wasn't entirely sure how the rules would apply... all cleared up! thank you.