K1 - Will not marry within 90 days

[VOL 425]

We had a friend come and they have decided not to get married, her 90 days is up 2/20 she has plan ticket to leave on 2/15.

I read here yesterday that she can stay 180 days until she starts getting penalty time if she ever returns

Is that true or not?

[NigeriaorBust 4,087]

She will not incur a ban until an 180 day overstay but any overstay will make getting a visa such as a tourist visa harder. If she wants another visa later in life she should obey the rules of the currect one.

[NikeS 49]

The terms of her particular visa is what is most important. Hers is a K-1 visa correct? Then her authorized stay is 90 days. Now that she is not getting married, she cannot stay longer than 90 days. Most importantly, she will not have any other means of becoming a legal resident of the U.S. based on this entry.

Edited February 11, 2015 by NikeS

[aaron2020 11,651]

We had a friend come and they have decided not to get married, her 90 days is up 2/20 she has plan ticket to leave on 2/15.

I read here yesterday that she can stay 180 days until she starts getting penalty time if she ever returns

Is that true or not?

Not true because you are mixing up different rules.

If she overstays 1-180 days, then she would receive no ban upon leaving the U.S. However, the overstay will make it much harder for her to get a visa to the U.S.

If she overstays 180-365 days, then she would get a 3 year ban. During that time, she would need a waiver for any visa.

If she overstays 365 days, then it's a 10 years ban requiring a waiver for a visa.

There is no such thing as her being allowed to stay 180 days after her I-94 expires. There is just different consequences depending on how long she overstays.