Need some advice please. what will happen if we didn't marry for 90 days and I go back to my country

[C & B_27 42]

Me and my ex fiance are in bad terms now for some reasons.

But, he still wants to fix us even if I don't anymore. I tried so hard for him to cancel it, but he is not doing it.

So I will give it a try to come to the US and try to fix us.

But what if (just what if) we can't fix it, and we are not going to marry for 90 days and I will get back to my country, will the petition be removed in their system? what is the next step for that? thank you so much for your help. I am here to ask for some advice and not to be judged.

 

[Coco8 1,042]

Once you are awarded the visa the petition was approved.

 

If you decide not to marry, go back to your country before the 90 days are up. That is it. You don't have to do anything else.

 

[C & B_27 42]

1 minute ago, Coco8 said:

Once you are awarded the visa the petition was approved.

 

If you decide not to marry, go back to your country before the 90 days are up. That is it. You don't have to do anything else.

 

does it mean he doesn't need to cancel it and there would be no problem in the future? thank you so much.

[JE57 239]

Once you get to the USA on a K-1 Visa (Fiancee Visa) then you have 90 days to Marry.  If you don't believe that it will work out after you've spent time together don't Marry.  Being from the Philippines as I'm sure you are aware you can't divorce him.... He can divorce you and then you have a chance at another marriage as if HE files the divorce then YOU can take that divorce and have it recognized in the Philippines without going thru annulment.   However, that leaves you having to deal with him and getting him to file a divorce.  So in short, if you don't know for sure that you want to marry him don't do it.   So... moving forward... If you are able to 'fix us' great!  Good Luck... But if you can't and it gets to be close to the 90 days I would recommend that you

Leave the USA as unmarried and return to Philippines exiting before the 90 days is up.   If you do that then there is nothing you have to do.... there is nothing to be canceled.  Your K-1 Visa is effectively canceled when you enter the USA as it is a one time use VISA, there is no adjustment of status petition to cancel you can just leave.  How does this affect things in the future?  If in the future you meet another person who wants to petition for you you'll need to disclose the status of this petition on that petition.  In theory as long as you disclose it then it should not reflect negatively on you...  If you want to subsequently apply for a B1 Tourist Visa then you *may* actually have a slightly better chance of approval since you could have stayed and chose not too. 

If after you get back home you and He decide that indeed you can and do want to make it work then you start the K-1 process over again or the two of you get married in the Philippines or a 3rd country and file for a spousal visa..  IF you get married in the USA and decide it isn't going to work out and return to the Philippines then he should cancel the adjustment of status petition if it was filed. If you get married then decide it was a mistake and return to the Philippines then the timing is important... Ideally you would either a) Leave the USA before the 90 days or B) file the adjustment of status before the 90 days and leave after that was filed.   What you should avoid is getting married and being in the USA without an active AOS and beyond the 90 days.  To preserve your options you want to make sure that you are not in the USA and out of status...  (Past 90 days without an active AOS)    

So, hope you find all of the above information helpful.   I've tried to give you all the possibilities given that you aren't sure if this is going to work out but are willing to give it a try.  

-

Now a bit of unsolicited advise that I hope might help as well...  Although perhaps a big generalization there is a HUGE culture difference between the typical Filipina and the Typical American and without a whole lot of work and understanding by both parties the relationship can get difficult fast.  Distance can make the relationship harder or easier.  Harder because distance is hard easier because the distance allows you each to retreat, withdraw and regroup.  So my advise... Realize that there is a huge cultural difference and figure out how to talk about that and how each of you may be bringing very different ideas of what an ideal relationship should be like to this and figure out how or if you can bridge those gaps.  Make sure he knows what you need and why and don't look at the 90 days as a one time opportunity if you leave before the 90 days without being married you have not lost any future opportunities you can always start again with him or someone else so don't let that 90 days be a pressure just be aware of it.  Also be aware that you have rights in the USA and that once you enter the USA you have 90 days and that you are not required to be with him for those 90 days.  If you get there and in week 1 you decide it idefinately isn't going to work you don't have to immediately leave if you have the funds then you can do a bit of tourism before you head back.   In fact, given you are not sure I'd suggest that you make sure that he or you will provide the funds for a return ticket to the Philippines so that you are not dependent on him to get you home. 

 

[Going through 5,671]

You already have another thread about this and got a ton of good advice there