Did not marry on K1 Fiance Visa question

[FVThrowaway123 1]

Hello - I am the petitioner of my now ex-fiance a few years ago. I had brought her to the States around 2+ years ago on a K1 Fiance Visa, but we had broken up within the 90 days after she arrived to the States so we did not marry. I do not know if she is still in the States or not as I cut all communication with her (My guess is she is, there was a very unique, timely circumstance that allowed her to apply for permanent residency through another way. I do not know if she pursued this path or is legal or would work, nor do I care unless this personally impacts me now).

 

I am now dating someone who has resided in the states for around 10 years, on a green card, and is eligible through US citizenship soon. All on her own. We are not married. She had moved in to my address and has filed the required change of residence (which is also the same address I lived at when I petitioned for the K1). My question is whether my partner would get asked any questions on my K1 during her citizenship interview, any potential complications, anything else we should be thinking about as she prepares her naturalization form.

 

From my understanding and talking to legal counsel, I do not have any obligations from not marrying on the K1 a few years ago. I was told just let her K1 expire, no need to file anything, etc. and it's not my problem.

 

Any experiences or other guidance from the community?

[wildbug100420 121]

1 hour ago, FVThrowaway123 said:

Hello - I am the petitioner of my now ex-fiance a few years ago. I had brought her to the States around 2+ years ago on a K1 Fiance Visa, but we had broken up within the 90 days after she arrived to the States so we did not marry. I do not know if she is still in the States or not as I cut all communication with her (My guess is she is, there was a very unique, timely circumstance that allowed her to apply for permanent residency through another way. I do not know if she pursued this path or is legal or would work, nor do I care unless this personally impacts me now).

 

I am now dating someone who has resided in the states for around 10 years, on a green card, and is eligible through US citizenship soon. All on her own. We are not married. She had moved in to my address and has filed the required change of residence (which is also the same address I lived at when I petitioned for the K1). My question is whether my partner would get asked any questions on my K1 during her citizenship interview, any potential complications, anything else we should be thinking about as she prepares her naturalization form.

 

From my understanding and talking to legal counsel, I do not have any obligations from not marrying on the K1 a few years ago. I was told just let her K1 expire, no need to file anything, etc. and it's not my problem.

 

Any experiences or other guidance from the community?

A k1 can only adjust through their petitioner. If she didn't marry or leave within 90 days she would be out of Status and subject to removal proceedings 

[wildbug100420 121]

Also your new fiance would be applying under 5 year rule, less scrutiny but her entire file will be looked at 

[FVThrowaway123 1]

1 hour ago, wildbug100420 said:

Also your new fiance would be applying under 5 year rule, less scrutiny but her entire file will be looked at 

What's the 5 year rule? She's submitting her N-400 form for naturalization; she would be apply for citizenship regardless if we were getting married or not. Said differently, she would apply for citizenship if she was single.

[MalloryCat 208]

the 5 year rule does not apply in your case, as you said she has had her green card for almost 10 years

in my opinion, chances are she will not be asked about it since you never married your ex-fiance and since how she got her green card in the first place had nothing to do with you

 

but yes you also have no legal obligations to your ex-fiance since you never married and didn't continue the immigration process with them

[FVThrowaway123 1]

1 minute ago, MalloryCat said:

the 5 year rule does not apply in your case, as you said she has had her green card for almost 10 years

in my opinion, chances are she will not be asked about it since you never married your ex-fiance and since how she got her green card in the first place had nothing to do with you

 

but yes you also have no legal obligations to your ex-fiance since you never married and didn't continue the immigration process with them

Great, thank you!

[Ontarkie 14,286]

~~Moved to US Citizenship Discussion from K1 P&P~~

[Dashinka 24,627]

2 hours ago, FVThrowaway123 said:

What's the 5 year rule? She's submitting her N-400 form for naturalization; she would be apply for citizenship regardless if we were getting married or not. Said differently, she would apply for citizenship if she was single.

The N400 has two different schedules for filing.  For people that got their GC through marriage to a USC, they can file the N400 after having their GC for 3 years (3 yr rule) and they are subject to review of the bonafide of the marriage.  Other people that received their GCs through other means can file the N400 after they have had their GC for 5 yrs (5 yr rule), and USCIS will look at their marital history, but it is not as much of a factor.  
 

In general, a person filing for N400 is not asked about their entire dating history unless it applies to how they received their GC.

 

Good Luck!

[FVThrowaway123 1]

2 hours ago, Dashinka said:

The N400 has two different schedules for filing.  For people that got their GC through marriage to a USC, they can file the N400 after having their GC for 3 years (3 yr rule) and they are subject to review of the bonafide of the marriage.  Other people that received their GCs through other means can file the N400 after they have had their GC for 5 yrs (5 yr rule), and USCIS will look at their marital history, but it is not as much of a factor.  
 

In general, a person filing for N400 is not asked about their entire dating history unless it applies to how they received their GC.

 

Good Luck!

Got it, thank you!

[discoverusa 277]

Her naturalization process has nothing to do with you. Your current partner received her green card through another process. You are not even married, just living at the same address. 

[JeanneAdil 6,570]

the K1 expired when she entered the US (POE) 

she had no recourse to stay on that visa 

Did u inform USCIS that the marriage did not take place?  not sure u have to but i would have done this to cover my butt 

[FVThrowaway123 1]

26 minutes ago, JeanneAdil said:

the K1 expired when she entered the US (POE) 

she had no recourse to stay on that visa 

Did u inform USCIS that the marriage did not take place?  not sure u have to but i would have done this to cover my butt 

Nope, I did not inform USCIS. I was told by legal counsel (multiple opinions) that I did not have any obligations if we didn't marry.