40 day till K-1 Visa expires; Fiancee doesn't want to marry. Options?

[JohnR! 5,495]

Just for the record in reply to Gegel, it is the male petitioner who has decided not to marry, not my wife's aunt.... He gets cold feet and SHE gets deported... not quite fair in my mind.

I am sorry but that does not change her predicament. It may not be fair but at least she did not enter in a marriage where she would not be made happy and IMHO that would be more unfair than returning home.

For the record, she will not be deported. She has to leave the country before her 90 days are up. She leaves with no prejudice which means she may be able to return as a tourist.

Having said all that, yes, it just f...g sucks that someone had her going through he trouble of getting a visa and pretty much giving up her life back home, only to get here and have cold feet. Unfortunately that is how the law works for K visas.

[Al422 221]

Just for the record in reply to Gegel, it is the male petitioner who has decided not to marry, not my wife's aunt.... He gets cold feet and SHE gets deported... not quite fair in my mind.

Absolutely not fair. But very little in this process is far. Neither one should agree to a K-1 unless their trust in each other is total and absolute.

This happens more than you think, and the other way around too. Alien wife leaves the USC, claims domestic abuse, judge eats the story up, she self petitions, and he gets soaked for three years of support.

I repeat: If mutual trust is anything less than absolute, DO NOT DO THIS.

[Al422 221]

Also consider this: WIll your aunt be willing to try this again (hopefully with a trustworthy man)? If she obeys the law and leaves on or before day 90, this will not count against her in a future K-1 attempt. But if she overstays her visa, that is a huge black mark against a future visa petition.

I know what it is like to have a K-1 blow up in your face because of someone you thought you could trust. It happened to me two times. Now that I am 11 days away from success on my third attempt, I realize the favor the garbage that betrayed me the two prior times did by leaving me.

[Carla V 43]

Unfortunately she cant stay if she doesnt get marry with the petitioner. Hopefully you can talk with her fiance and maybe check if he truly love her and just got cold feet...

[phd1974 17]

Agreed. She has to go back. If she stays past the 90 days, and she is caught, she could possibly incur a 10 year ban or lifetime ban from ever entering the country again.

[Enigma11561 336]

Just for the record in reply to Gegel, it is the male petitioner who has decided not to marry, not my wife's aunt.... He gets cold feet and SHE gets deported... not quite fair in my mind.

She is not getting deported. She has not committed any illegal act ( so far). This scenario happens more than one might think. Sometimes people just do not know each other very well. Sometimes there is the inability to adjust to a different country/culture. All sorts or reasons. But the bottom line is that two people went through the proper channels with the expectation of a marriage taking place. One of the main reasons for the 90 days is to get through an adjustment together. In this case he, for whatever reasons, did not want to go through with it. For her, this may have been a good thing. Unfortunately, as others have said, however nice a woman she may be, it is best for her to fly home before the 90 days expire.

[carton025 38]

She is going to have to return. If she goes TNT and gets caught here, she will get a ban, possibly a life time ban and I don't think she or you would want that to happen.

[sweet cakes 326]

Just for the record in reply to Gegel, it is the male petitioner who has decided not to marry, not my wife's aunt.... He gets cold feet and SHE gets deported... not quite fair in my mind.

This is very tragic and I can't imagine the pain the aunt is going through right now. But you and your wife should be able to help her understand that there is no legal way for her to stay here in US, other than marrying her original petitioner.

It is not fair alright. But just imagine what will happen if there is ANY way possible that a K-1 visa stays here legally without marrying the petitioner? It will be unfathomable how many US citizens will be used for this ticket. It will also be unfair to those who went through or are going through the legal process. Also, what if the guy indeed married her and she, in the long run lives a sad married life? or worst, abused? Would that be fair?

I understand that this is something hard to just swallow. But if you want to help her, insist that she does not overstay in US. Overstaying or staying illegally have very bad consequences, possibly a lifetime ban too.

Edited May 9, 2014 by sweet cakes

[baron555 934]

Just for the record in reply to Gegel, it is the male petitioner who has decided not to marry, not my wife's aunt.... He gets cold feet and SHE gets deported... not quite fair in my mind.

What's not fair. The exact terms of the K-1 are well stated.

The K-1 is NOT a get to know you visa. These two should have had a strong relationship BEFORE deciding to file the petition.....and it is incumbent on both parties to fully vet out the relationship before filing.

[Andrew&Vangie 1]

I know this is kinda off the topic but, what if you get married to your U.S citizen Spouse not in the Untied States. Is this legal and recognized or do we need to marry again in the United States...i'm kind confused on this

[Ketsuban 1,034]

I know this is kinda off the topic but, what if you get married to your U.S citizen Spouse not in the Untied States. Is this legal and recognized or do we need to marry again in the United States...i'm kind confused on this

Well if you did that, you'd invalidate the K-1 visa!

Edit: Unless you mean in general. You wouldn't need to get married again in the States. Marriage is marriage, they will accept the foreign marriage certificate with an English translation if needed.

Edited May 9, 2014 by Ketsuban

[sweet cakes 326]

I know this is kinda off the topic but, what if you get married to your U.S citizen Spouse not in the Untied States. Is this legal and recognized or do we need to marry again in the United States...i'm kind confused on this

If you marry your fiance before coming to US, you are no longer eligible for a K-1 visa. A spousal visa (IR-1/CR-1) petition should be filed instead. A K-1 visa holder should get married only in US after POE.

Those who "re-marry" are doing a renewal of vow.

Edited May 9, 2014 by sweet cakes

[nobbie 105]

I know this is kinda off the topic but, what if you get married to your U.S citizen Spouse not in the Untied States. Is this legal and recognized or do we need to marry again in the United States...i'm kind confused on this

This needs it's own thread, people are answering but it's not clear if this is related to the OPs situation or another story altogether, I suspect the latter.

if you marry outside the US then you file for spouse visa, if tha'ts what you are asking, and yes it will be valid unless its some weird cult or religion I guess.

[AT20000 38]

Well, I don't think she has any other choice than to go back to her country for now. Now you may want to consult with an immigration attorney as, there might be another path that we don't know of right now.

That said, you raise an important point: IF you are willing to give her a job at your business, why don't you file for a H1B visa (work related visa)? Or seasonal worker? A work related visa would give her more time to get things figured out with her new BF, no pressure with a 90 day deadline whatsoever.

Go see an immigration attorney ASAP.

Agnes

PS Calvin, did I mention that you seem to be one Heck of a good family man?

[Avery Cates 1,141]

Just for the record in reply to Gegel, it is the male petitioner who has decided not to marry, not my wife's aunt.... He gets cold feet and SHE gets deported... not quite fair in my mind.

The fairness of it is irrelevant. This is clear black and white.

I know what it is like to have a K-1 blow up in your face because of someone you thought you could trust. It happened to me two times. Now that I am 11 days away from success on my third attempt, I realize the favor the garbage that betrayed me the two prior times did by leaving me.

Seems you're more interested in a visa to the US than a relationship, being 3 times around. Maybe the other two realized that before they got suckered.