Not getting married. No money to send her back.

[Ken and Elena 0]

I hope that title got a laugh.

I am writing this not for myself, but for a couple that we met on this website that wished to remain anonymous for now. He is from the US, and has brought his fiancée here from Russia.

She is here on K-1, already has her SSN, and State ID card.

For personal/financial reasons they have chosen to not get married within the 90 day K-1 visa period. Since this a public forum the reasons will not be stated. She knows that she must leave when the visa expires, but they do not have the money to buy a return ticket to Russia (they never thought they would need one). She is working to help pay for the return ticket, but is also trying to find a way to stay in America while they sort their problems out. Marriage to the petitioner is currently not an option.

What I am asking the forum is: Has anyone experienced a situation similar? Will they send her back right away (hunt her down… lol). Can she continue to work to make the money for the return ticket? Will they put her on a plane and send her fiancée the bill?

Any details on any options or information on what will happen is greatly appreciated.

Thanks in Advance.

[YuAndDan 153]

They can marry outside the 90 day period, they can always file I-130 along with I-485 to adjust status.

If she does leave the USA outside the 90 days, a 3 year bar will be imposed on returning, if overstay is more than 180 days but less than a year, and a 10 year bar would be imposed if overstay is 1 year or more.

What is so expensive getting marriage? Just a trip to the local court house and do a civil ceramoney, then eventually file for AOS, the overstay from I-94 expire to AOS is usually forgiven.

[Silke 1]

They can marry outside the 90 day period, they can always file I-130 along with I-485 to adjust status.

If she does leave the USA outside the 90 days, a 3 year bar will be imposed on returning, if overstay is more than 180 days but less than a year, and a 10 year bar would be imposed if overstay is 1 year or more.

What is so expensive getting marriage? Just a trip to the local court house and do a civil ceramoney, then eventually file for AOS, the overstay from I-94 expire to AOS is usually forgiven.

This is correct BUT...the OP said that marriage to the petioner would currently not be an option...

[1HappyGuy 45]

This is precisely why I always say buy a round trip ticket with a 90 day return. It's not that much more expensive and gives both parties an easy option. It doesn't always work out after they arrive.

Her right to work should expire the same time as her visa, 90 days after arrival. The U.S. resident should insure that she returns within the 90 days. If he wishes to try again with someone else, this will not look good for him considering IMBRA. And of course, she is looking at worse scenarios as YuAndDan stated. Both people could have great difficulties if they let this go past the 90 days.

They should be working hard to get as much money together to purchase the one way ticket back. I'm sorry this happened, but everyone is an adult here. You have to live with consequences and you must think about all possibilities.

[Ken and Elena 0]

Thank you for the fast responses. Here are some more comments.

• The expense isn’t about a wedding. It would be about a ticket home for her.

• The petitioner would not try for someone else, he still loves her.

• We all agree a round trip ticket would have been smarter.

So… let me try to get all this straight. If she goes back before the 90 day visa expires, she can go though a process again to come back in the future. If she goes back after the 90 days, but before 180 days she must wait 3 years before she can petition again. After 180 days she must wait 10 years to petition. Are the “bans” for the K-1 visa only, or can they marry in Russia, and then try to come back on a K-3 visa before the bans?

One more question, and I know they are stupid for even thinking about it. What if she tries to stay illegally? I told them they will fire her from her job, but they really don’t believe me.

[YuAndDan 153]

Thank you for the fast responses. Here are some more comments.

• The expense isn’t about a wedding. It would be about a ticket home for her.

• The petitioner would not try for someone else, he still loves her.

• We all agree a round trip ticket would have been smarter.

So… let me try to get all this straight. If she goes back before the 90 day visa expires, she can go though a process again to come back in the future. If she goes back after the 90 days, but before 180 days she must wait 3 years before she can petition again. After 180 days she must wait 10 years to petition. Are the “bans” for the K-1 visa only, or can they marry in Russia, and then try to come back on a K-3 visa before the bans?

One more question, and I know they are stupid for even thinking about it. What if she tries to stay illegally? I told them they will fire her from her job, but they really don’t believe me.

The 3 year bar is for other types of visas than spousal ones, a waiver is not needed, however the 10 year one will need a waiver to deal with it.

If she does overstay the 90 days (illegally) she cannot work do to lack of permission from DHS, the employer would be fined for employing a person wothout DHS work authorization, so the employer to avoid getting fined "MAY" lay the person off when they loose work authorization.

Yes can apply for a visa for her again (K-1, K-3, or CR-1)

[payxibka 10,045]

So… let me try to get all this straight. If she goes back before the 90 day visa expires, she can go though a process again to come back in the future.

YES

If she goes back after the 90 days, but before 180 days she must wait 3 years before she can petition again. After 180 days she must wait 10 years to petition. Are the “bans” for the K-1 visa only....?

No, bans result from any visa overstay not just K-1.

One more question, and I know they are stupid for even thinking about it. What if she tries to stay illegally? I told them they will fire her from her job, but they really don’t believe me.

Not only is she working without authorization her employer is at risk and if they realize her employment authorization has expired they might (legally could/should) terminate her.

[pushbrk 12,884]

Thank you for the fast responses. Here are some more comments.

• The expense isn’t about a wedding. It would be about a ticket home for her.

• The petitioner would not try for someone else, he still loves her.

• We all agree a round trip ticket would have been smarter.

So… let me try to get all this straight. If she goes back before the 90 day visa expires, she can go though a process again to come back in the future. If she goes back after the 90 days, but before 180 days she must wait 3 years before she can petition again. After 180 days she must wait 10 years to petition. Are the “bans” for the K-1 visa only, or can they marry in Russia, and then try to come back on a K-3 visa before the bans?

One more question, and I know they are stupid for even thinking about it. What if she tries to stay illegally? I told them they will fire her from her job, but they really don’t believe me.

You said the reasons for not marrying were "financial/personal". I think some might have misunderstood that to mean they couldn't afford to marry. I take it the reasons are personal and some of it has to do with financial matters. If the employer has already verified her authorization to work, they may well not get around to verifying it again. She won't know unless she asks (then they will for sure) or they tell her.

These things happen. I wouldn't personally think of hedging my bet with a round trip ticket but hindsight makes it seem like a good idea. The current options seem to be limited to those already described. The only other one I can think of is for her to deliver herself to up to ICE on Day 90 and say, she doesn't want to overstay but can't afford a ticket home. It would be interesting to see how they handled it.

[The_dip_sticks 0]

HMMMM

[Credzba 0]

These things happen. I wouldn't personally think of hedging my bet with a round trip ticket but hindsight makes it seem like a good idea. The current options seem to be limited to those already described. The only other one I can think of is for her to deliver herself to up to ICE on Day 90 and say, she doesn't want to overstay but can't afford a ticket home. It would be interesting to see how they handled it.

Actually this is probably the best choice, honesty is the best policy and all that.

Immigration may extend her k1 if theres a chance of working it out, or thay may offer some other solutions we don't know.

I wouldn't wait until the end of the 90 days though. You here legally, they wont through you out early.

Go in, be honest, and deal with the situation the best you can.

[1HappyGuy 45]

It sounds like they aren't ready to marry, but still hope to. Why take a chance of the USCIS coming down hard on them. Are they living in a barrel? Haven't they heard all the debate and disagreement here in America regarding illegal immigration? If for them it is just they aren't ready but still love each other, then by all means get her on a plane before the 90 days are up. Don't risk illegal status.

They can apply for I-129F later, with a request for IMBRA waiver fully explained. But for now, work hard to stay legal. It is the best thing for everyone.

[rebeccajo 14]

If she does leave the USA outside the 90 days, a 3 year bar will be imposed on returning, if overstay is more than 180 days but less than a year, and a 10 year bar would be imposed if overstay is 1 year or more.

This statement is incorrect.

Per section 212(a)(9) ( b ) (i)(I), the three-year bar applies only to persons who were unlawfully present in the U.S. for more than 180 days and less than one year, and who voluntarily departed the U.S. prior to commencement of proceedings.

The intending immigrant can virtually remain here another 180 days after expiration of the visa and then file to adjust status with no danger of the bar.

Edited July 2, 2007 by rebeccajo

[payxibka 10,045]

Actually this is probably the best choice, honesty is the best policy and all that.

Immigration may extend her k1 if theres a chance of working it out, or thay may offer some other solutions we don't know.

I have never read or heard this happening... anybody else?

[rebeccajo 14]

Actually this is probably the best choice, honesty is the best policy and all that.

Immigration may extend her k1 if theres a chance of working it out, or thay may offer some other solutions we don't know.

I have never read or heard this happening... anybody else?

No. I believe Credzba has confused the option of the consulate to extend the life of the visa (beyond the normal six months) before the visa has been activated.

[TracyTN 237]

Actually this is probably the best choice, honesty is the best policy and all that.

Immigration may extend her k1 if theres a chance of working it out, or thay may offer some other solutions we don't know.

I have never read or heard this happening... anybody else?