not married, the 90 days expired

[alliv0828 0]

Hello everyone,

I'm just new here. I just want some ideas regarding my problems. I went here through fiancee visa but the problem my 90 days is already over. My fiancee doesnt any plan to marry at all. But we are still together for about 9 months now. What should the best thing I do? Is it safe to just stay with him even we are not married? I asked him what his plan for me and my future...but he said, why im not just be happy and contented that he brought me here. He takes good care of me though. My sencond problem, my passport will expire soon...can I renew it in my country's embassy here?

Pls. help me, I really need your ideas...thanks

[Otto 83]

If you remain in the US - you are doing so illegally and with no plans to marry the person who petitioned to bring you here, there is little hope to gain any kind of legal status in the US.

Best wishes...

[desert_fox 32]

Sounds like you volunteered to be held prisioner...no job, no driving, no nothing.

If you leave the country, dont plan on coming back, as they will not admit you.

[~Laura and Nick~ 5]

Wow...what a crazy situation.

I'm afraid not marrying within the 90 days as per required of the K1 visa has put you into a mess.

See, now you are illegal in the United States...you have no status and you didn't fulfill the requirements of the visa you entered on.

Even if you got married now and filed for AOS, your case would probably be denied, I'm not sure on that one.

You may want to consult a lawyer.

I wouldn't advise just staying there. You can't do anything. You can't work, travel outside the country, you are basically there illegally at this point.

If you do return back home, you'll have to start all over with another K1 or if you do end up getting married, a K3 and I know you'll have to file a waiver and possibly be denied

If your fiance wants you two to be together and have a life, you need to act on this quickly.

I'm sure someone else will have more advice for you.

Best of luck to you.

Edited January 26, 2009 by ~Laura and Nick~

[~Laura and Nick~ 5]

Sounds like you volunteered to be held prisioner...no job, no driving, no nothing.

If you leave the country, dont plan on coming back, as they will not admit you.

Exactly, I think the best bet would be returning home and trying to file for another K1 visa...a waiver will be needed.

If you do get approved and enter again, make sure you marry within the 90 days.

I don't know what your fiance was expecting to happen....

How unfortunate

*Correction*

I just looked up an earlier thread Here by a person with a similar situation.

The advice given to her was this:

You need to file I-130 in conjunction with the I-485. The AOS will be based on the I-130 petition rather than the K-1. This situation is not unheard of and the procedure to file the I-130 in this situation is explained on the USCIS website.

This is of course, after you and your fiance marry.

If he is unwilling to marry you, you'll have to go home.

It's even on VJ's FAQ:

6.13)...What happens if we do not get married within the 90 day validity of the K1 visa?

A..In this case, you can no longer file for Adjustment of Status based on being a K1.You will have to submit an I-130 relative petition along with the I-485 and all the other paperwork to the local USCIS (INS) office. You may have to have another medical exam, and you will need to be prepared to answer questions about why you did not get married within 90 days. In effect, you will have become an out-of-status alien who is adjusting status based on marriage to a US Citizen.

I don't think going home would be the best option at this point. There are other ways.

Talk to an immigration lawyer if possible because even if you get married, file for the I-130 in conjunction with your AOS petition, you still could be denied.

Edited January 26, 2009 by ~Laura and Nick~

[payxibka 10,045]

Hello everyone,

I'm just new here. I just want some ideas regarding my problems. I went here through fiancee visa but the problem my 90 days is already over. My fiancee doesnt any plan to marry at all. But we are still together for about 9 months now. What should the best thing I do? Is it safe to just stay with him even we are not married? I asked him what his plan for me and my future...but he said, why im not just be happy and contented that he brought me here. He takes good care of me though. My sencond problem, my passport will expire soon...can I renew it in my country's embassy here?

Pls. help me, I really need your ideas...thanks

If you are discovered, you are currently subject to deportation.... Your consulate may or may not renew your passport considering you have no legal status

[johndecka 0]

Hello everyone,

I'm just new here. I just want some ideas regarding my problems. I went here through fiancee visa but the problem my 90 days is already over. My fiancee doesnt any plan to marry at all. But we are still together for about 9 months now. What should the best thing I do? Is it safe to just stay with him even we are not married? I asked him what his plan for me and my future...but he said, why im not just be happy and contented that he brought me here. He takes good care of me though. My sencond problem, my passport will expire soon...can I renew it in my country's embassy here?

Plbut he said, why im not just be happy and contented that he brought s. help me, I really need your ideas...thanks

well, better hire lawyer for this.

u wont be ble to do anything here in usa.

"but he said, why im not just be happy and contented that he brought me here

but he said, why im not just be happy and contented that he brought "

You r not a Pet. U were to be his wife. May be he really dont want u to have the Freedom.

well , Good luck.

[Jack and Barbara 0]

Hello everyone,

I'm just new here. I just want some ideas regarding my problems. I went here through fiancee visa but the problem my 90 days is already over. My fiancee doesnt any plan to marry at all. But we are still together for about 9 months now. What should the best thing I do? Is it safe to just stay with him even we are not married? I asked him what his plan for me and my future...but he said, why im not just be happy and contented that he brought me here. He takes good care of me though. My sencond problem, my passport will expire soon...can I renew it in my country's embassy here?

Plbut he said, why im not just be happy and contented that he brought s. help me, I really need your ideas...thanks

well, better hire lawyer for this.

u wont be ble to do anything here in usa.

"but he said, why im not just be happy and contented that he brought me here

but he said, why im not just be happy and contented that he brought "

You r not a Pet. U were to be his wife. May be he really dont want u to have the Freedom.

well , Good luck.

I agree. Not to speculate, but based off of that same quote, it doesn't seem like the US citizen had real intentions to marry because to go through the entire process, it is hard to imagine someone would be unaware of the fact the K1 visa expires in 90 days. To say that the non-citizen should be happy and content for leaving a home country and likle yfamily and friends is absurd when the USC doesn't have any plans of continuing on his commitment to marry.

[Hell0W0rld 10]

yea, I think it's time for you to go, even though he looks after you very well, he is jeperdizing your future... you could be barred from the United States and posibly loosing your chances of ever entering again..

[pushbrk 12,827]

Sounds like you volunteered to be held prisioner...no job, no driving, no nothing.

If you leave the country, dont plan on coming back, as they will not admit you.

Exactly, I think the best bet would be returning home and trying to file for another K1 visa...a waiver will be needed.

If you do get approved and enter again, make sure you marry within the 90 days.

I don't know what your fiance was expecting to happen....

How unfortunate

*Correction*

I just looked up an earlier thread Here by a person with a similar situation.

The advice given to her was this:

You need to file I-130 in conjunction with the I-485. The AOS will be based on the I-130 petition rather than the K-1. This situation is not unheard of and the procedure to file the I-130 in this situation is explained on the USCIS website.

This is of course, after you and your fiance marry.

If he is unwilling to marry you, you'll have to go home.

I don't think going home would be the best option at this point. There are other ways.

Talk to an immigration lawyer if possible.

Both your posts contain misinformation. Since know you're "not sure", why not refrain from the errant speculation.

There is no legal way for this poster to stay unless she marries the petitioner but there is a legal path after the marriage. Unless she can successfully claim abuse, she'll remain illegal and already has sufficient overstay to be banned from future US entry for 10 years.

[desert_fox 32]

Also, should you decide to get married...you can still adjust status by filing a I-130 on your behalf. You would adjust based upon the approved I-130 and not as a K-1.

[~Laura and Nick~ 5]

Both your posts contain misinformation. Since know you're "not sure", why not refrain from the errant speculation.

There is no legal way for this poster to stay unless she marries the petitioner but there is a legal path after the marriage. Unless she can successfully claim abuse, she'll remain illegal and already has sufficient overstay to be banned from future US entry for 10 years.

Nothing contains misinformation.

I did a search, I found the information and corrected myself and gave the poster options.

Get off your high horse..AS USUAL.

[pushbrk 12,827]

Both your posts contain misinformation. Since know you're "not sure", why not refrain from the errant speculation.

There is no legal way for this poster to stay unless she marries the petitioner but there is a legal path after the marriage. Unless she can successfully claim abuse, she'll remain illegal and already has sufficient overstay to be banned from future US entry for 10 years.

Nothing contains misinformation.

I did a search, I found the information and corrected myself and gave the poster options.

Get off your high horse..AS USUAL.

This from your first post is "misinformation".

Even if you got married now and filed for AOS, your case would probably be denied, I'm not sure on that one.

Since you weren't sure, IMO better to be sure first or say nothing on the subject.

This from your second post is "misinformation".

Exactly, I think the best bet would be returning home and trying to file for another K1 visa...a waiver will be needed.

Waivers are not required for being a beneficiary the second time. They are required for petitioners filing multiple petitions. Since the current "fiance petitioner" has no intention of marrying the OP, he wouldn't be filing any second petition. Without marrying the original petitioner, she has no "best bet" but to leave the US or remain illegally.

Please try to control your "premature postaculations".

Edited January 26, 2009 by pushbrk

[~Laura and Nick~ 5]

Again, I corrected myself. Not everyone is as perfect as you.

Best of luck to the OP

Edited January 26, 2009 by ~Laura and Nick~

[pushbrk 12,827]

Again, I corrected myself. Not everyone is as perfect as you.

Best of luck to the OP

I don't know or care. I care about accurate information.