A question that hs never been asked?

[JamesandVeronica]

Hello everyone,

Here is a question that may have never been asked before.

 

What if your fiance' is now in the US and you have some relationship issues to resolve before getting married. Is there any way to get an extension of the 90 days? Is there another way she can stay in the US until the issues are resolved. Is there another way she can stay in the US without getting married first.

 

I thought things would be great after she arrived but we are having problems in our relationship. It is quite sad since we worked so hard to get this far.

 

Thanx,

Jim

[egolessvegan]

This is quite common although it is not often written about.

I am not sure what happens if you go beyond the 90 day period.

Both of you put a lot of time and effort to get to this point. Are both of you willing to give up so easily?

I guarentee that your fiancee does not want to return to China.

Are the problems too big to overcome?

I wish you well in your decision.

GIVE IT TIME!

Ken

[david_dawei]

I'm sorry to hear about this.. but glad your looking at your options...

 

Here is something I read on an immigration lawyer's webpage... maybe someone finds something that proves it wrong..

 

 

"When your fiancee receives her fiancee visa, she has six months to enter the U.S. After her arrival in the U.S., you have 90 days to marry her or you must send your fiancee back to her home country. There is no legal way to extend the 90 day limit. While she is in the U.S. you are completely responsible for her financially. If for any reason you do not marry her and she departs the U.S. within the 90 days, she will not be precluded from coming to the U.S. in the future on another K1 visa and you will not be precluded from again bringing her or another foreign fiancee to the U.S. on a K1 visa. "

 

 

Adding comments from another site:

 

Can the Fiancee extend or renew the Visa and remain in the U.S. after 90 days if there is no marriage?

 

No. The Fiancee (e) must leave the country if he/she does not marry after the 90 day period.

She may not re-enter the U.S. again under the same Visa.

She may , however, re-enter the U.S. after approval of a completely new K1 Visa by starting the entire process again with the same Petitioner or a new Petitioner.

 

 

 

 

 

 

 

If you want to chat, send me an email... best to you two...

[tonado]

Sorry to hear about your situation. First year is always very difficult.

[warpedbored]

If she overstays her visa she will be out of status and subject to deportation. Probably your best option is to go ahead and get married. You will still have some time to work out the issues before the AOS is finished. Sad story, I hope you work it out.

[frank1538]

The party line is that she must leave if she doesn't get married within 90 days. Like Carl says, otherwise, she'll be in an overstay status - not necessarily the end of the world, but she'd be illegal with all the problems associated with being in the country without proper documentation. Check dcwfn's post in "Our Stories" regarding his wife's problems for just one example of what can happen.

 

I sure you're exploring all avenues to resolving your relationship issues. Good luck.

[nygatl15]

Good Luck in solving your issues, but I don't think it is possible to extend your 90 days. You either get married or she is out of status. Again, good luck

[aqua8lung]

I would like to know how long did you know her and how much time did you both spend together in China? In my case I met Meg Wen in China 3 years ago and I have been to China 6 times to see her always for 2 to 4 weeks together. Only my last trip in Feburary did I ask her to marry me and I started the paper work when I returned to the U.S. .

So I am asking did you meet her in person and how long did you know her?

I look forward to your answer.

[audelair]

have you thought of doing a prenuptial agreement? that way, the two of you can do the legal marriage without the risk involved. You two can then work out your problems slowly, separating if need be in the future, and divorcing if the two of you decide the relationship won't work.

 

and if you do decide to stay together, think of this as a great way to do a prenuptial agreement without the discomfort of broaching the subject. Since the two of you are hesitant about it, there is no shame in you bringing it up as a way for you to get through this.

 

Best of luck to you, and I hope it works out one way or another, and for the best.

[Bigguy_33]

Probably your best option is to go ahead and get married.  You will still have some time to work out the issues.....

 

I completely disagree with this viewpoint.

 

Do NOT get married just to satisfy the 90 day time limit. Please seek the advice of a competent and knowledgeable attorney who specializes in marriage and divorce law, before deciding. The cost of one hour of their time will be insignificant compared to the cost of going through a divorce. It will give you an idea what the consequences of your actions will be.

 

Additionally, go see a marriage therapist yourself and talk through your concerns with an impartial and unbiased professional.

 

Your financial future maybe at risk so get the best legal and professional advice you can.

[warpedbored]

I would agree with you bigguy if he had another option. the law is crystal clear on this issue. He has 90 days that's it. His only other choice is to let her go back to China and start the process all over again. Difficult to work the issues out from a distance.

[Guest Pommey]

bump

 

for the newbies

[Jeff n Jianli]

Well, I hope things worked out for them

[warpedbored]

A good example of why a K-1 is not for a 90 day trial marriage. You are supposed to be sure of your relationship before filing.

[dnoblett]

Well, I hope things worked out for them

Wow dredgeing up old history!

 

Anyway, my say on the subject.

 

1) K-1 is not a "Shack-Up" visa, it has only one purpose, enter the USA and get married to the person who filed the petition. You cannot enter the USA and then marry someone else either.

 

2) If for some reason the marriage happens outside the 90 days allowed by the visa, the petitioner will need to add an I-130 to the I-485 when adjusting status and add the additional $355 fee. A AOS interview will happen, and the IO will have questions as to why a marriage did not happen within the 90 days.