Different situation

[vanmaren 0]

My fiance came to the US on a K1 visa 3 months ago. We have not gotten married yet. I have had some health issues. Her visa expires in 2 days. She wants to go back because she doesn't want to break the law. I have purchased a ticket for her to go back. We still would like to get married. Is there any way to get her back here in the near future? Any waivers or new applications? Thanks for the help.

[Just Paul 4,595]

3 minutes ago, vanmaren said:

My fiance came to the US on a K1 visa 3 months ago. We have not gotten married yet. I have had some health issues. Her visa expires in 2 days. She wants to go back because she doesn't want to break the law. I have purchased a ticket for her to go back. We still would like to get married. Is there any way to get her back here in the near future? Any waivers or new applications? Thanks for the help.

You would have to file a new petition.

[little immigrant 801]

Why not marry in the courthouse tomorrow?

Edited July 2, 2019 by little immigrant

[vanmaren 0]

18 minutes ago, little immigrant said:

Why not marry in the courthouse tomorrow?

No marriage license and 72 hour waiting period 

[debbiedoo 2,339]

im not sure why you have waited so long to figure out what needs to be done. for something so important that seems rather , well .... whatever.

 

she needs to leave before the i94 expires OR get married.

 

travel to a nearby state with no waiting period. vegas. whatever.

 

if she leaves you will have to file a whole new petition

[Just Paul 4,595]

Vegas Baby!

[Going through 5,671]

The K-1 expired the moment she set foot in the US.  The I-94 is the controlling document, and you need to marry before the expiration in the I-94 (90 days from the date of her POE).

 

One option would be for the two of you to marry asap, and file a concurrent i-485 and i-130 based on marriage to a USC and with a legal entry.  You'll have to eat the cost of a i-130 with your package, but it is a fixable problem, and she would be legally authorized to remain in the US while it is pending.

Edited July 2, 2019 by Going through

[NikLR 13,227]

Don't go back.  If you dont marry within the 90 days after arrival, the only downside is filing an I-130 with the I-485 and other petitions.  It's cheaper to do that then leave.  Overstay for a USC spouse is ignored and a bar only comes into effect at 180 days of overstay anyhow. 

 

[geowrian 22,337]

No waiver needed...just starting over from scratch.

[little immigrant 801]

You received good advice. Please let us know what you decide to do. 

[Ontarkie 14,226]

No need to have her leave. Follow NikLR's advice.

3 hours ago, NikLR said:

Don't go back.  If you dont marry within the 90 days after arrival, the only downside is filing an I-130 with the I-485 and other petitions.  It's cheaper to do that then leave.  Overstay for a USC spouse is ignored and a bar only comes into effect at 180 days of overstay anyhow. 

 

 

[wbeem 568]

20 hours ago, NikLR said:

Don't go back.  If you dont marry within the 90 days after arrival, the only downside is filing an I-130 with the I-485 and other petitions.  It's cheaper to do that then leave.  

 

 This☝️

[HRQX 4,145]

20 hours ago, NikLR said:

Don't go back.  If you dont marry within the 90 days after arrival, the only downside is filing an I-130 with the I-485 and other petitions.  It's cheaper to do that then leave.  Overstay for a USC spouse is ignored and a bar only comes into effect at 180 days of overstay anyhow.

Agreed.

In that case, will the overseas medical (if marked complete) be valid? Or will a completed I-693 be required at the I-485 interview?

Edited July 3, 2019 by HRQX

[Loren Y 2,755]

Vegas is a 20-22 hour drive from Texas, you can be married within a hour of showing up here, and that is if you take your time, roll on up, you can stay at my house no problem, I have a few extra rooms anyway, and you don't want to try to get a room up here on the 4th of July weekend.

Edited July 3, 2019 by Loren Y

[Russ&Caro 1,549]

31 minutes ago, Loren Y said:

Vegas is a 20-22 hour drive from Texas, you can be married within a hour of showing up here, and that is if you take your time, roll on up, you can stay at my house no problem, I have a few extra rooms anyway, and you don't want to try to get a room up here on the 4th of July weekend.

Haha, you're a kind soul. You should get that certification that allows you to marry people, then you'd have a full service shop. Of course, the local chapels might not look upon you so kindly.

 

OP, you have options!