Cold feet within 90 days (merged)

[pch1 64]

The K1 is a non-immigrant visa with immigrant intent. The point of the K1 visa is to give you time to get married, not time to decide if you want to marry. However, it's permissible to not get married and to leave the USA.

"The point of the K1 visa is to give you time to get married, not time to decide if you want to marry"

Of course, they have 90 days to get married. If they decide they are not going through with the marriage which is the case here, they she has to go back home prior to the 90 days visa expiration date.

If the understanding was that they have 90 days to decide then get married, that is not what I meant.

Thanks NLR!

[IcezMan_IcezLady 582]

Hi everybody. I'm currently in the US after having come here from the EU on a K1 visa. We have not yet been married as I was hesitant to rush and now that the 90 days are nearing an end, I am having second thoughts.

What should I do? Don't marry. Return to your country and give yourself enough time.

What happens if I leave within the 90 days? leave before the 90 days Will it make travelling to the US again more difficult? Nope, you will just have to provide documentations for whatever visa you apply for but it will get harder if you overstay and do not marry.What if my fiancee and I get back together in a few years time and we want to apply for K1 again? Yes Or if I meet someone else and want to apply with them?No problem, you can apply for whoever you want to marry.

[caliliving 606]

you need to LEAVE! if you do not get married, and even if you do, overstaying a K1 is the worst thing you can do!!!! you can not adjust status by overstayig a K1 unless it is the person that petitioned for you to come here!!! go home, and then figure it out from there.. if you overstay it will be a nightmare!!!

also, if you decide to go through with a marriate you arent sure about.. you need to stil apply for a greencard and still apply for ROC and that is 2 years and if in that time it doesnt work out, you will be out of status!

overstaying a B2 is not that same as oversatying a K1!!! also, if you are coming in a forum to ask about your cold feet.. that should be a red flag you need to go!!!

[Ortolan 381]

Go take a walk, by yourself and think about it. I believe you already know what you need to do. Just go back home. It's not the right time, and if it was, you'd know it.

[JFH 12,191]

you need to LEAVE! if you do not get married, and even if you do, overstaying a K1 is the worst thing you can do!!!! you can not adjust status by overstayig a K1 unless it is the person that petitioned for you to come here!!! go home, and then figure it out from there.. if you overstay it will be a nightmare!!!

also, if you decide to go through with a marriate you arent sure about.. you need to stil apply for a greencard and still apply for ROC and that is 2 years and if in that time it doesnt work out, you will be out of status!

overstaying a B2 is not that same as oversatying a K1!!! also, if you are coming in a forum to ask about your cold feet.. that should be a red flag you need to go!!!

i don't think the OP is planning on overstaying. The way I interpreted the first post was that the decision has already been made that the relationship is not viable and that he wants to return home. He just wants to make sure that doing so will not jeopardise any future attempts to enter the USA either as a visitor on the VWP, on a K-1 or maybe even CR-1 later down the line. He asked "what happens if I leave?" not "how can I stay here if I don't get married?". I don't think he is looking for relationship advice, merely confirmation that his decision will not affect his future plans.

[josmith 1]

Hi all, thanks for the advice. I'm leaving this week, within the 90 days. The good news is that my fiancee and I are on the same page about this now. We have discussed it and have realized that we are not ready to go through with it, we rushed our relationship. We are staying together though, and perhaps we will go through with the K-1 process at a later time, if and when we feel like it is the right time. In the meantime, we are going to make an effort to visit each other a lot more.

I have follow up questions. Obviously I can use the VWP to travel to the US in future, however, I also got a B-2 visa in the past (before the K-1), in order to make it easier to travel over and back to visit my fiancee. It should be good to travel with for another 8 years, though it is in my old passport. My question is can I go back to using my B-2 or should I use the ESTA/VWP to travel? Also, what issues might I have coming through passport control in future now that I didn't follow through on getting married and what should I do/say to show that I don't have immigrant intent? Can I transfer my B-2 to my current passport and how do I go about doing so?

Thanks again!

[josmith 1]

Hi everyone. I came to the US just under 90 days ago on a K-1 visa. Unfortunately in the end my fiancee and I decided that we are not ready to go through with marriage at this time. We rushed our relationship and feel like we are not ready for marriage after all. We have decided to visit each other in each other's countries as much as possible until we feel more confident about marriage.

I am leaving the US tomorrow, within the 90 days of arriving on K-1. I had a B-2 visa before the K-1 and have also traveled using the VWP/ESTA in the past.

What we want to know is do I need to bring it to anybody's attention that I am leaving within the 90 days or will the system just know? I don't want to have any issues in future when trying to visit the US again. Is there anything else we can do to minimize risks? Will I be able to travel on my old B-2 again or will I have to go the VWP/ESTA route?

Thanks

[Anitafeliz 1,133]

http://www.visajourney.com/forums/topic/598106-cold-feet-within-90-days/#entry8169864

I don't think you can keep restarting the same issue on different threads

[marymon 15]

What we want to know is do I need to bring it to anybody's attention that I am leaving within the 90 days or will the system just know? I don't want to have any issues in future when trying to visit the US again. Is there anything else we can do to minimize risks? Will I be able to travel on my old B-2 again or will I have to go the VWP/ESTA route?

Thanks

I think next time immigration officer will ask you question about this. But you are not a fraud, chose not to marry just for visa. Proud of you.

Edited June 13, 2016 by marymon

[TBoneTX 46,067]

Let the consulate know before you leave.

Do not start multiple threads on the same topic.

Edited June 13, 2016 by TBoneTX

[josmith 1]

Apologies. I thought that this thread had gone dead as nobody had replied.

Do you mean I should contact the US consulate (or embassy) in my own country where I applied for the K-1?

[Caryh 5,206]

You don't need to inform anyone. You came on a K-1, decided not to marry and returned home. Its not a big issue if you return before the 90 days are up.