over 90 days

[Guest jimcope]

The door has opened up again for cui ying and I. but it has been over 90 days and we are not married Is their any thing we can do at this point? I do not want to set myslf up for falure again I know I should talk to a lawyer but does any know the process if you did not get married in 90 days from the time she came to the U.S.

thanks Jim

[tywy_99]

Is their any thing we can do at this point?

138911[/snapback]

Yeah, Jim.......marry her!

 

Good hearing from you again. And it's really good that things are looking up for you two.

Seize the opportunity!...

[Randy W]

NOW

[HanLi]

hook up NOW !!! you do love her, right?

[Guest Gene]

Edited July 21, 2005 by Gene (see edit history)

[cosmiclobster]

Wow, no idea of what to tell you about missing the 90 day window.

They seemed to be really strict about the deadline - maybe if there were extenuating circumstances???

 

Marry her and live in China of you have to!!!

Edited July 21, 2005 by cosmiclobster (see edit history)

[nousername]

*sigh*

...

...

*sigh*

...

...

not trying to be harsh, but what's so hard to understand about 90 days? i don't know your situation, but i think you shot yourself in the foot... or maybe even worse.

 

even if you do love her, i don't know if marrying her now, as others have suggested, will help.

Edited July 21, 2005 by nousername (see edit history)

[tonado]

http://www.workpermit.com/us/family_visas/fiancee.htm

 

It is important to note that if your fiancé(e) is given the visa, you must get married within 90 of his or her arrival in the US, or your fiancé(e) will have to leave. Your fiancé(e) may not be given another US visa if this happens. The visa cannot be extended beyond 90 days. Your fiancé(e) also must marry the K-1 petitioner (you) and no one else in order to remain in the US.

[Randy W]

So what happened between last Dec and now to open the door again?

 

I read your back posts - it doesn't sound very good.

 

I take it she got her visa - did she actually arrive in the U.S.? That is when the clock starts ticking.

 

If she hasn't, there is a time limit on the visa to be used, then the 90 days begins.

 

If she is here, and has been here for 90 days, you're in a gray area.

 

It may be difficult to get another visa if she has over-stayed this one.

[Randy W]

The gray area is if you marry her, and get the documentation to them BEFORE they come looking for her.

[C4Racer]

I take it she is still in the US? This means she has already overstayed her visa. What ever fall out will occur from this is already going to happen. Damage control is now necessary. I have a friend at work who is married to a Japanese lady. She overstayed a vistors visa (they were already married). After a year of headaches, they were able to turn it into a green card through a immigration attorney. I would go ahead and get married. Then consult an immigration attorney. Maybe they can argue there were extenuating circumstances keeping you from getting married before the time limit?? You already have a problem with the overstayed visa, so I don't where it can hurt too much more. A good immigration attorney should be able to help find a solution.

 

Good Luck....

[david_dawei]

Jim,

 

I'm happy to hear of this.. but as Tony points out, you cannot extend the 90 days. If she is in US, she MUST GO back to China. Do not let her stay beyond this and compromise any future.

 

If she is back in China, you are faced with starting another visa process.

 

You could either repeat the K1, or get married in china. If you are able to go to china and stay with her, and get work, then you can marry and file directly to the consulate and this will take about 6 months.

 

Let us know the situation of where she is...

 

best to you two.

[warpedbored]

Jim,

 

I'm happy to hear of this.. but as Tony points out, you cannot extend the 90 days. If she is in US, she MUST GO back to China. Do not let her stay beyond this and compromise any future.

 

If she is back in China, you are faced with starting another visa process.

 

You could either repeat the K1, or get married in china.  If you are able to go to china and stay with her, and get work, then you can marry and file directly to the consulate and this will take about 6 months.

 

Let us know the situation of where she is...

 

best to you two.

138959[/snapback]

Talk to a lawyer first but I think your best option is to marry her fast. If she goes back to China she will play hell getting in again once she has overstayed her visa.

[Randy W]

In Dec, he made a post:

 

"i would do what ever i could to stop her from ever getting in the states"

 

In june, he made a post indicating that he was looking for someone else.

 

So she MAY have actually never arrived in the US.

 

What is the time limit for using the visa?

 

If that time limit is up, then it might still be rough to get a new one, but at least she wouldn't have overstayed the visa.

[Guest ShaQuaNew]

In Dec, he made a post:

 

"i would do what ever i could to stop her from ever getting in the states"

 

In june, he made a post indicating that he was looking for someone else.

 

So she MAY have actually never arrived in the US.

 

What is the time limit for using the visa?

 

If that time limit is up, then it might still be rough to get a new one, but at least she wouldn't have overstayed the visa.

138996[/snapback]

...From looking at your post history it looks like you need to figure out what you want to do BEFORE you do it. Sounds like you're in a dilemma, but at the same time your posts are extremely vague and hard to follow.....