K1 visa, not married within 90 days, overstay?

[India23 22]

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.

OK so you're admitting that you two wanted to live together before ever getting married and didn't see any other way to do that besides filing for a K-1 Fiance visa? You couldn't go live there for a little while first? Maybe even for a month or so because obviously on a K-1 you're only allowed 90 days, so its not like you've been able to live together for very long anyway. I'm worried that if you two do decide you're right for each other you may have problems getting married in the future at least in this country. You don't want to go live in Spain with her if this works out between you two? Its honestly too bad that you guys didn't wait until September for the citizenship because if she was approved for a tourist visa she could of stayed a max of 6 months at a time. Then if she was granted a 10 year multiple entry that would of given you guys plenty of time to figure things out, but now who knows.. I def don't think the K-1 Visa was the right move for you. Good luck with everything.. but please try to play by the rules or you may have serious problems later on if she wants to live here with you.

[skiptex 225]

What are the consequences of not marrying your fiance?

wow.. you posted this same topic in November 2012..

its almost like k1 was used to bring a person in on purpose for her to stay and not get married at all..

for the purpose of just to get into the usa..

its kind of has a tint of visa fraud..

sorry.. but i at least i ain't USCIS.. :)

[Sandra G. 5,048]

I hope she wakes up and walk away...for good!

[Ryan S 4]

OK so you're admitting that you two wanted to live together before ever getting married and didn't see any other way to do that besides filing for a K-1 Fiance visa?

-That's correct, I have a job here and do not want to move to Spain, although I visited her 6 times. I feel like finding a job there would be really difficult for me.

Its honestly too bad that you guys didn't wait until September for the citizenship because if she was approved for a tourist visa she could of stayed a max of 6 months at a time. Then if she was granted a 10 year multiple entry that would of given you guys plenty of time to figure things out, but now who knows.. I def don't think the K-1 Visa was the right move for you. Good luck with everything.. but please try to play by the rules or you may have serious problems later on if she wants to live here with you.

--We did not want to wait that long. You're right, the K1 might end up being a big mistake. It's a risk we were willing to take to be together.

[India23 22]

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.

First of all when you post on a public forum you are exposing yourself to the world's opinions. You can't expect that some of us wouldn't respond to you're post in a negative way. I did try helping in my last post but what you two did was cheat the system plain and simple. So ya you're gonna have to hear it from some of us that it offends.

Second of all I'm not invested in what you or your gf do at all but I am invested when it affects me or others who are desperately trying to get through this god awful long process of K1 Visa!

[skiptex 225]

BUT..

at least you have been really been taking this decision.. very serious..

[Ban Hammer 13,352]

vj moderation now has this topic on its watch list. some may consider this when posting.

[Ryan S 4]

I'm sorry it's taking you such a long time. I haven't done any cheating of the system though, we still have time to get married. If you want to criticize me for taking risky measures to live with my girlfriend, that's fine. I expected the usual dose of negativity here that you see everywhere else on the internet, so just take my sarcasm in the frivolous spirit in which it's intended. Good luck.

First of all when you post on a public forum you are exposing yourself to the world's opinions. You can't expect that some of us wouldn't respond to you're post in a negative way. I did try helping in my last post but what you two did was cheat the system plain and simple. So ya you're gonna have to hear it from some of us that it offends.

Second of all I'm not invested in what you or your gf do at all but I am invested when it affects me or others who are desperately trying to get through this god awful long process of K1 Visa!

[skiptex 225]

vj moderation now has this topic on its watch list. some may consider this when posting.

noted

[belinda63 3,038]

Options:1. Marry prior to the 90 days ending. File to adjust status, when she receives AP she can return to Spain (time about 3 months after you file for AOS)

2. Not marry and she stays in the US and you do a concurrent filing at some time in the future. Consequences, she is out of status and subject to deportation at any time after the 90 days and it will cost a lot more money.

3. Not marry and she returns to Spain (prior to accruing 180 days of overstay). She can apply for a tourist visa and might (small possibilty but it exist) get it. If she comes to the US on the tourist visa with the intent to remain she is committing fraud. It would be pretty obvious since you already have an approved K-1 and then she married the same guy.

4. She returns to Spain, you either file another K-1 or you get married and file the CR-1. Time waiting about one year after filing. And of course more money spent.

[Ryan S 4]

Thanks very much, appreciate the info.

Options:1. Marry prior to the 90 days ending. File to adjust status, when she receives AP she can return to Spain (time about 3 months after you file for AOS)

2. Not marry and she stays in the US and you do a concurrent filing at some time in the future. Consequences, she is out of status and subject to deportation at any time after the 90 days and it will cost a lot more money.

3. Not marry and she returns to Spain (prior to accruing 180 days of overstay). She can apply for a tourist visa and might (small possibilty but it exist) get it. If she comes to the US on the tourist visa with the intent to remain she is committing fraud. It would be pretty obvious since you already have an approved K-1 and then she married the same guy.

4. She returns to Spain, you either file another K-1 or you get married and file the CR-1. Time waiting about one year after filing. And of course more money spent.

[India23 22]

I'm sorry it's taking you such a long time. I haven't done any cheating of the system though, we still have time to get married. If you want to criticize me for taking risky measures to live with my girlfriend, that's fine. I expected the usual dose of negativity here that you see everywhere else on the internet, so just take my sarcasm in the frivolous spirit in which it's intended. Good luck.

I truly don't want to criticize anyone, I said my peace and that's all I had to say on the matter. I do wish you two happiness and I hope it all works out in the end. Good luck to you too

[tinman 33]

actually can't think of a polite thing to comment on this.....although I have personal thoughts on it.

But although all things are sometimes possible, I doubt she would get approved for any other visa if she returns back.

DEFINATELY not, if She over stays.

[Grant PDX 183]

Too many people offer relationship advice when posters are really just trying to navigate the visa process. Please leave the relationship thoughts to yourself. Every day engaged people break up, or delay the wedding, often to later get back together or not. The visa process is long and expensive yes, but so is a relationship if both in the same country. The visa is just a part of our journey that we must endure. Don't judge others because of relationship issues. I'm almost certain everyone on this board has had relationship difficulties at some point in the past. Attacking posters or judging for their own relationship challenges is quite inappropriate. If you have something to offer regarding the visa process then by all means do so. Otherwise leave the personal issues personal.

This process is so danged hard, I don't know why people feel the need to jump on others' emotions, unless it makes them feel good about themselves to put others down.

Good luck with your decision and the visa process.

[Dieseltu 19]

My fiance is here in the US on a K1 Fiance Visa and we haven't married yet. We're not sure about getting married.

Then don't get married. Send her back. The honeymoon was over when you filled out K1 forms. And you should of been damn sure when you did that.