K1 visa, not married within 90 days, overstay?

[India23 22]

Ryan S you have to understand the frustration some of us might feel by your situation. Most of us are struggling being away from the loves of our lives & she got approved & your not even sure you want to marry. Doesn't seem right that you brought her here using a k-1 visa & took up time & space away from other people's petitions. If you both knew you weren't sure about marriage before hand why didn't you just have her apply for a tourist visa once she received her Spanish citizenship? Now to answer your question the answer is simple.. If she overstays her 90 days there's no way they are gonna grant her a tourist visa. She would of demenstrated that she's not trustworthy & it would show that she may overstay her tourist visa as well. Have her leave get her citizenship over there & then attempt for a tourist visa but she may be denied.. So keep that in mind

[India23 22]

I couldn't agree more with you Lynkali.. I cannot have any sympathy for these posters. Not with what we who intend to marry our fiances are going through! Its like a slap in the face!

[LeftCoastLady 441]

You cannot have her come LATER on a tourist visa, then get married, and then attempt to adjust status based on that marriage. If you're thinking you can, I don't understand your reasoning.

On a tourist visa: she could get married but would have to leave the USA and wait in Spain while you file a brand-new CR-1 process, including the 8-12 month wait for that. She cannot stay in the USA because she would have immigrant intent, and that is violating the terms of her tourist visa, it will lead to fraud charges and a lifetime ban on entry into the USA.

On the K-1: you must marry within 90 days. That's it. If you don't marry within 90 days on the K-1, you cannot adjust her status to legal residency afterwards.

Marriage within 90 days or go home, most likely forever since a second K-1 would prove difficult.

I've seen several of these threads now and I have to admit I'm running out of patience/empathy for the posters. If you wanted to "get to know her" that was NOT a reason to file the K-1, as the K-1 specifically leads to marriage. I also feel very badly for her, if this is your unilateral decision that is majorly impacting her life and legal status.

Per the bolded area...if they do get married after the 90 day mark, they would need to file the I-130 and I-485 paperwork: http://www.visajourney.com/content/i130guide2

But, if you know before the 90 days are up that no marriage will occur, it's best for her to return home as soon as possible rather than be out of status.

[Azsara 110]

Come on now, the poster never said that they filed the k1 to buy time to get to know her. You are just putting words into his mouth. I know you must be upset that they are at the end of their journey and they are expressing doubt but it cant be great for them either. They have been through all the waiting we have, finally got to the crunch and they cant decide if they are doing the right thing. Imagine the disappointment for their family and friends.

Im willing to guess they dont want your "empathy/patience" they just want impartial advice. YOU dont know the details of what has happened or what they are going through. Its better they have their doubts now then after the wedding.

Good luck to you guys whatever your choice

Edited May 9, 2013 by Azsara

[ppihtr123 68]

Come on now, the poster never said that they filed the k1 to buy time to get to know her. You are just putting words into his mouth. I know you must be upset that they are at the end of their journey and they are expressing doubt but it cant be great for them either. They have been through all the waiting we have, finally got to the crunch and they cant decide if they are doing the right thing. Imagine the disappointment for their family and friends.

Im willing to guess they dont want your "empathy/patience" they just want impartial advice. YOU dont know the details of what has happened or what they are going through. Its better they have their doubts now then after the wedding.

Good luck to you guys whatever your choice

Really?

http://www.visajourney.com/forums/topic/399160-what-are-the-consequences-of-not-marrying-your-fiance/

[Azsara 110]

So what if the poster is asking what happens if they dont get married?

Its no one place to pass judgement on them or speculate on their situation.

Thats my last post on the matter!

[Ryan S 4]

" If you marry after the 90 days, you will have to concurrently file the I130 and I485 as she would no longer be eligible to adjust based on the K-1 visa."

- I understand the K1 would be dead but I could still adjust her status to legal residency based on the comment above. I'm not sure who is correct here.

On the K-1: you must marry within 90 days. That's it. If you don't marry within 90 days on the K-1, you cannot adjust her status to legal residency afterwards.

[Ryan S 4]

So you're saying file the I-130 and I-485 after she leaves? I'd rather take a chance and file while she's here so we can still be together if there's a chance her status could be adjusted while living here illegally. Is that impossible or just more unlikely to happen than if we filed while she was in Spain?

Per the bolded area...if they do get married after the 90 day mark, they would need to file the I-130 and I-485 paperwork: http://www.visajourney.com/content/i130guide2

But, if you know before the 90 days are up that no marriage will occur, it's best for her to return home as soon as possible rather than be out of status.

[thepizzadude 26]

Not passing judgement, but he was asking these same types of questions in Nov 2012. Joined Nov 10, 2012 and this is first post.

http://www.visajourney.com/forums/topic/399160-what-are-the-consequences-of-not-marrying-your-fiance/

So, I am thinking he has been pondering this longer than the 90 days.

[LeftCoastLady 441]

So you're saying file the I-130 and I-485 after she leaves? I'd rather take a chance and file while she's here so we can still be together if there's a chance her status could be adjusted while living here illegally. Is that impossible or just more unlikely to happen than if we filed while she was in Spain?

No. As was told to you in this thread and your earlier thread, if a marriage does occur, but doesn't happen before the I-94 expires, you would have to concurrently file the I-130 and I-485. She would not be able to leave the U.S. until she receives her green card because she would have a very difficult time re-entering.

[Ryan S 4]

If you both knew you weren't sure about marriage before hand why didn't you just have her apply for a tourist visa once she received her Spanish citizenship?

Because it takes a long time to arrive in the mail, she's not going to have her Spanish passport in hand until September at the very earliest, even though she was notified that it was approved several months ago. We wanted to be together, plain and simple. Living together before getting married was very important to us.

[India23 22]

Not passing judgement, but he was asking these same types of questions in Nov 2012. Joined Nov 10, 2012 and this is first post.

http://www.visajourney.com/forums/topic/399160-what-are-the-consequences-of-not-marrying-your-fiance/

So, I am thinking he has been pondering this longer than the 90 days.

Yes you're right! I knew this didn't just happen.. I had a feeling marriage wasn't something they were sure of for a long time & THAT is what upsets me!

[Ryan S 4]

Yes I have, good work Nancy Drew!

Not passing judgement, but he was asking these same types of questions in Nov 2012. Joined Nov 10, 2012 and this is first post.

http://www.visajourney.com/forums/topic/399160-what-are-the-consequences-of-not-marrying-your-fiance/

So, I am thinking he has been pondering this longer than the 90 days.

[Ryan S 4]

Yes you're right! I knew this didn't just happen.. I had a feeling marriage wasn't something they were sure of for a long time & THAT is what upsets me!

Maybe I'll go home tonight and we'll finally decide to get married, would that make you happy? I can see how much you've invested your feelings in my relationship so I'll be sure to send you a wedding invitation.

[thepizzadude 26]

Yes I have, good work Nancy Drew!

Well there is a big grown up response.

Along with the "we didn't wanna wait for the tourist visa" leads others to believe "so we just filed the fiance visa knowing we weren't gonna get married".

Seems you don't really need any answers because they aren't going to fit what you have already known all this time.

And they won't change. Way to work the system.

And as has been stated in the past, it's you that makes it harder on others in these processes.

This process is a serious process for some, and those that are just using it to "take a joyride" "test the waters" "drive the car before I buy it", actually harm the process for others.

So don't get your feelings hurt when someone calls you out.