K1 visa, not married within 90 days, overstay?

[Mike&Maryann 5]

The best advice I can give in this situation is if you are not sure , don't get married. When you are sure, get married in Spain and file the I-130 paperwork. if she doesn't overstay,there is a strong likelihood that she could get a B2 tourist visa and visit even after you are married. she could even stay and extend her visa so that she may only have to return to Spain for the interview and Medical. Good luck ,and hey...it's your journey , no one else's. Take care and God bless.

[davenjanet 22]

I have no dog in this fight so don't care what you do one way or the other. But if you think you are not cheating the system, you are deluding us or perhaps yourself. You and your fiancee signed a letter of intent that says you will marry within 90 days, not that you will see how it goes when you live together. Now some people do get together and change their minds or something happens within the 90 days but this does not seem to be the case here. You filed with the intention to live together before marriage. I'm no immigration lawyer but it sounds fraudulent to me.

And people are pissed because the K1 process is long and hard for precisely these sort of reasons - that some people try to circumvent the system.

Maybe I'm misunderstanding you but the more you post the clearer it appears that your methodology is not within the spirit of the K1.

Just sayin'...

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.

[Lex Specialis 38]

What country is she is a citizen of if she is getting Spanish citizenship soon? Where was she born? To recap, she shouldn't overstay if she will go back. If she overstays and you don't get married, she will be denied entry even if from a country that is eligible for a visa waiver, so she will need to obtain a tourist visa. If she travels frequently to the US, this is an unnecessary hindrance. If she overstays and you get married, you will need to file an I-130 plus AOS but it shouldn't be a problem unless she gets picked up by Immigration before you guys get your green card (low likelihood but possible). If she leaves and then comes back on a tourist visa with the intent to get married, she is committing visa fraud which will compound the USCIS' skepticism when you file for her green card because you married someone here on a tourist visa within 90 days, and you previously sponsored her for a K-1 but decided not to marry.

On a personal note, as someone who is engaged to be married, and someone who has gone through a divorce, I married my first wife because we were good couple as boyfriend and girlfriend, we were both of marrying age and the finances for us seemed to make sense, but I honestly couldn't see myself growing old with her. Not before we married, not after. That this ended in divorce is no surprise at all. With my current fiancee I could picture our future children by the end of the first week I kissed her. There may have been more convenient or less convenient times to marry her in our lives, but there could never be a wrong time for it. If your relationship is closer to the first example, I would advise you both to walk away before you invest more into this and make your lives more miserable. If it's closer to my second, I would say get married because if she is the right person you will figure it out as long as you are together no matter what the obstacles. If you feel like marrying her will somehow set you back or prevent you from doing something in your life, it's a red flag.

Edited May 9, 2013 by Lex Specialis

[tun2usa 5]

Ryan S,

This is a critical situation and people on here can be harsh throwing judgements on other people without even knowing them. It would have been better to answer your question to the point without any useless judgement. Anyway, my thoughts to you is go speak to a lawyer. You can have a free consultation for the first time so you dont have anything to loose. Another advice is that what you may /can do is so risky to her future. Nothing would ever happen to you but that lady will suffer severe consequences if she is caught lying or misinterpreting facts. I would say, nothing in life is easy and you should compromise if you ever want to be together. Waiting is hard but if you love someone you will stick there so I advise you to be wise and patient. Don't do anything fool and especially don't try to fool the law. These embassy guys can't be fooled !!!

On the other hand, this forum is not allowed to tell you to do things against the law and members here can't tell you "yes let her overstay and adjust her status" because that is not what the law says and these are not the rules of the forum.

Be safe and good luck

[Penguin_ie 5,994]

**** Closing as OP got his answer in this and his thread from last November, and some suggestions have been bordering on giving illegal advice ****