Staying past K-1 date

[Gringo Joe]

What would happen if you were not married with-in the 90 day window but would decide to marry at a later time?

[william3rd]

on the 91st day, your fiancee becomes an illegal alien and starts accruing unlawful presence. She has no work rights, travel rights, etc. She is subject to arrest-although I have never seen that happen.

If you dont marry she will return home with ULP on her record and may have difficulty in getting a future visa to the US.

If you later marry, you file a more involved petition process for your AOS. The government adjudicates the petition as something brand new. Your fiancee may or may not be eligible for a travel document and will have to remain in the US until the green card is issued.

Personally, if I were a woman, I wouldnt go for that. I would either stay overseas until my fiancee was sure or go home on schedule and see if he missed me enough to try again.

[sean126]

Joe,
You do realize that she has 6 months before she has to use her visa don't you?  Couple that with the 3 months in your country and that's 9 months to decide if and when you want to marry.  I'd think we'd all like more than 3 months with our fiances to find out if it works in our home country....but that's the breaks. 

[blockbuster]

Sean.

 Your wife is very beautiful. How old is she?

[sean126]

Thanks Blockbuster,
She's 29, but when people see her they swear she's 16-18.
I got double trouble as far as her temper though.....she's Colombian AND Italian, ouch!!! LOL.

[Ray]

In addition to what William said...

Even if you married on the 91st day (one day late), it is very likely that CIS would turn down the AOS petition and make her return home, and you would have to re-petition her as your spouse (K-3 or CR-1). It's happened before.

However, if she just decided to stay here as an illegal alien, there is very little chance that she would ever be deported because it seems that nobody in our government has the balls to deport anyone anymore. She could simply wait until the politicians grant her citizenship through another stupid amnesty program. But I am NOT recommending that course of action, just ranting... 

[Gator]

  ???You left out one bit of important information in order to format a reply.  Is she in the USA at the present time?

1.  If she IS in the USA NOW on a K-1 you have exactly 90 days in which to marry.  If you examine the I-94 and the entry stamp in her passport you will see it expires 90 days after entry-PERIOD.  CUIDADO!  THERE ARE NO EXTENSIONS. A K-1 holder cannot change  K-1 status without marrying the U.S. citizen fiancé.

2.  If she has not left Once she has the K1 Visa it is good for only one entry into the United States which must take place within 6 months of the issue date. A consular officer can/may re validate a K visa petition any number of times for additional periods of 4 months PROVIDED the officer concludes that the petitioner and beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary’s admission into the United States. To have the petition re-validated send a written request to the Embassy that includes a statement of your AND YOUR FIANCEE'S intention to go forward with the marriage. I understand the first extension  is routine, any after that you better have your act together-two extensions would be eight months and embassy personnel begin to wonder if you are seriously considering marriage.

 

[G Bala]

It is strongly recommended that she NOT stay past the 90 days of her K-1 Visa and I-94.

However, if for some unforeseen and unavoidable problem, she overstays and marries beyond the 90 day stay, it is possible, though tricky, to adjust status by filing the I-130 and I-485 combination.

Under the authority (by analogy) of Interim BIA decision #3150, Matter of Stcokwell, 1991, which is still good law, she can adjust from K-1 Visa overstay to LPR.

http://www.usaimmigrationattorney.com/images/MatterofStockwell1991.pdf

As for CIR (Comprehensive Immigration Reform), now that the House Republican leadership which up-to-now had stubbornly blocked CIR by shouting that code word "amnesty" at every turn, has been eliminated in the recent elections, all "illegal aliens" may now probably qualify for blanket "no-questions-asked" amnesty with a free cherry pie autographed by Rep. Trancredo. Maybe even a free car Oprah gave out to everyone in the audience on one of her recent shows. Just kidding

Don't worry, we'll go easy on those "immigration restrictionists"...

[michaelb]

That happened to one of our more prolific posters of 3 or 4 years ago. You old timers will know who I mean, I'll let him give the details himself, if he wants to (and/or isn't banned). I'll just give the short version, which is: They got married on day 92. INS made their life a living HELL.

[Halibed]

Someone said once illegal, the girl has no work rights. Can she still go to school? Can she even secure an unskilled job? (it seems to be no problem for illegals from mexico)

Thanks

[Dan]

That happened to one of our more prolific posters of 3 or 4 years ago. You old timers will know who I mean, I'll let him give the details himself, if he wants to (and/or isn't banned). I'll just give the short version, which is: They got married on day 92. INS made their life a living HELL.

Michael,

Please clarify your comment; "and/or isn't banned" - and please tell us who it is. Do you know if the posts are still in the archives?

- Dan

[papi]

Someone said once illegal, the girl has no work rights. Can she still go to school? Can she even secure an unskilled job? (it seems to be no problem for illegals from mexico)

it is not worth it...don't think along these lines

[Ray]

Michael,

Please clarify your comment; "and/or isn't banned" - and please tell us who it is.

Dan,

I won't tell you who Michael is talking about, but I'll give you a hint...

     

[michaelb]

Michael,

Please clarify your comment; "and/or isn't banned" - and please tell us who it is. Do you know if the posts are still in the archives?

- Dan

Well, he's been banned and reinstated before....I don't know his current status. If I revel his identity, I might be betraying his confidence, since I know stuff about it that he's told me in personal messages, but I don't know to what extent he's posted in public....So, (best I can without reveling his idenity) the situation was this: They got married on day 92, and (just like Ray said would probably happen) INS refused to process her AOS and told her to go back to Colombia and begin a new petition as a spouse....this caused real problems for them (well, duh!) and things went seriously downhill after that....I think that's about as far as I can go without betraying the confidence.

[william3rd]

why would any woman agree to come up here and then stay to be out of status with no rights? And why would any "MAN" want a woman that he lovesr to be in that situation?