What are the consequences of not marrying your fiance?

[Xanax 349]

I feel bad for this person with whom you are considering bringing here on a fiancée visa, not marrying but to possibly continue to live with illegally.

If neither of you are 100% sure you want to marry and it is nearing the 90 day mark, please help her get a ticket home. You can surely continue your relationship until you are sure what you want to do and then file again later or not, but don't let her stay with you illegally, she won't be able to adjust status easily if you decided to marry after that time; it is not good for her and it is not good to have an overstay if you ever file for her again or she wants yo visit or have someone else file for her later.

As you said, you can't predict the future so I would advise to do the "right" thing.

[Ryan S 4]

The fiance visa is for people who are sure they want to get married. The parties sign letters to that effect. Why would you do this if you don't want to get married?

We want to get married.

[rade2rising 205]

probably wants to bring her here just for sake of it. bring her and leave her maybe she wishes for the same? who knows. the legality is if you bring her here for purpose of immigrationg with no intent to marry its fraud and they will knock on your door and throw you in jail so make up your mind what you really want to do. Its not that simple that you get her here and do nothing afterwards. you can certainly try. good luck.

[Love's JAA 100]

Of course, if you have people bring someone here and not marry them but rather the alien stay here out of status, then these cases will end up making it harder on all us others that want to bring our love here to marry for real!

[Harpa Timsah 13,258]

We want to get married.

Okay, so what's the problem? If you love her, why would you have her stay illegally in this country? If you get together and realize that you were wrong, she can go home after 90 days. What I am confused on, is why you would want to live together unmarried in the US, especially if that makes one partner in this illegal, subject to deportation, detention, unable to work, unable to drive, afraid to leave the house for fear of being caught...

[Darnell 8,478]

if you two not get married within that 90 day period,

but do get married after that 90 day period and DO wish to adjust status still,

well, you can.

file the I-130 PLUS the I-485 plus all the ancilliary stuff with the fees, and go forth.

[Ryan S 4]

Okay, so what's the problem? If you love her, why would you have her stay illegally in this country? If you get together and realize that you were wrong, she can go home after 90 days. What I am confused on, is why you would want to live together unmarried in the US, especially if that makes one partner in this illegal, subject to deportation, detention, unable to work, unable to drive, afraid to leave the house for fear of being caught...

You are confused because you're assuming that I have bad intentions. I'm just covering each possible scenario, however unlikely. One of them is that we break up and she doesn't want to leave.

[Harpa Timsah 13,258]

I'm not confused. You asked what would happen if you aren't married but she is living with you after 90 days. If you don't get married, then buy her a ticket home.

[Pinkrlion 2,724]

Past the NOA2 stage, about to start working on the K-1 visa paperwork for my fiance's interview in Madrid and I'm just wondering, if they approve her K1 visa and she's allowed 90 days here with me to get married, what are the consequences for me personally if we don't end up getting married? I am a US citizen and she would have no interest in re-entering the US if she leaves without marrying me, but what about if she overstays? Could I be charged with a crime?

It is a felony charge, aiding, abetting or harboring of an illegal alien.

[aws&ndd 103]

Dont worry so much about what will or can happen in the future...focus on today. If you are sure about your desire to marry then continue!! But if there is an ounce of doubt you need to reconsider your plans. I understand you want to know every possible scenario but honestly if you are dead set on getting married and starting a life together you shouldnt even be thinking about them.

If she decides to overstay, that is her problem and her consequences. Nothing happens to you unless you know about it or even help her.

[Sunnyland 639]

The fiance visa is for people who are sure they want to get married. The parties sign letters to that effect. Why would you do this if you don't want to get married?

Exactly. If you are not sure about marrying her then it's better to make sure of this before you make her travel here, quit her job, etc. The letter of intend of marry is for that purpose... to marry your fiance/e.

Edited November 11, 2012 by Chris & Isa

[Gary and Alla 3,694]

Past the NOA2 stage, about to start working on the K-1 visa paperwork for my fiance's interview in Madrid and I'm just wondering, if they approve her K1 visa and she's allowed 90 days here with me to get married, what are the consequences for me personally if we don't end up getting married? I am a US citizen and she would have no interest in re-entering the US if she leaves without marrying me, but what about if she overstays? Could I be charged with a crime?

No.

It is a felony charge, aiding, abetting or harboring of an illegal alien.

No, it is not. She would not be "illegal" as she did not entrer illegally. She would be out of status. There is no penalty for the petitioner unless they can prove he is purposefully committing a fraud. Good luck with that.

[Gary and Alla 3,694]

I'm not confused. You asked what would happen if you aren't married but she is living with you after 90 days. If you don't get married, then buy her a ticket home.

Actually they could get married after 90 days and he could file an I-130 along with the I-485 and any ban would be waived. If they are not married within 90 days they cannot adjust status based on a K-1, that is all. Happens fairly often, has happened here many times

[StephAnn2012 50]

I think the better question for you to ask is "am I really committed to this woman or am I rushing things a bit."

If you aren't sure and the paperwork is already filed, I feel sorry for both of you, but especially for her as she will pay the higher price for your short sightedness.

I know I might have offended you, but you did ask a loaded question on an open forum.

I do hope things work out and that you have a long and happy relationship - it is a little late to worry about whether she is the right person, you've started an irrevocable process that will have consequences either way.

[Harpa Timsah 13,258]

Actually they could get married after 90 days and he could file an I-130 along with the I-485 and any ban would be waived. If they are not married within 90 days they cannot adjust status based on a K-1, that is all. Happens fairly often, has happened here many times

Yes, I know, but that wasn't what he was asking. Giving a list of all possibilities when they don't ask only confuses people.