QUESTION
Are there any consequences against me if I do not marry my fiance who is here on a fiance visa that has expired?
Asked on Apr 05th, 2014 on Immigration - Texas
More details to this question:
I do not want to marry my fiance who is here on a fiance visa that has expired. Are there any consequences against me? What happens if she does not leave the U.S.? Can she marry someone else? What are the consequences against her overstaying?
6 ANSWERS
She cannot legalize her status in the US if she married anyone else but you the petitioner. You are not penalized for not marrying her. She is unlawfully present after the expiration date of her I-94 and is subject to removal from the US.
Answered on Apr 09th, 2014 at 11:42 AM
Personal Injury Attorney serving Pasadena, CA
at
Law Offices of Pius Joseph
Update Your Profile
There are consequences but she will need to discuss with an immigration lawyer her options .
Answered on Apr 08th, 2014 at 7:37 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
No consequences to you so long as you brought her here in good faith. She needs to leave at the end of her K-1 time. If she marries someone else she is required to process her papers abroad so it is important she not overstay the K-1 or else she will need an expensive waiver as well.
Answered on Apr 07th, 2014 at 8:27 PM
A question you may want to have an answer for is why you completed the visa process and then a short time later decided not to marry her. If it was based on a fraudulent proposed marriage, that can be a serious matter. As far as her, she's removable. She has overstayed, and depending upon the specifics, she may face deportation and a bar to re-entry.
Answered on Apr 07th, 2014 at 8:15 PM
She can marry someone else. But since you guys did not get married within 90 days of her arrival, she cannot receive her immigration documents without leaving the U.S. in most cases.
Answered on Apr 07th, 2014 at 3:02 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
If you did not marry your fiancee within 90 days of her entry into the U.S. on a K-1 visa, she is no longer eligible to adjust her status to that of a lawful permanent resident while she remains in the U.S. even if she marries you or another U.S. citizen at a later time. She will be required to return to her home country to await the processing of any new petition filed on her behalf. Additionally, while she remains in the U.S. you will be financially responsible for her pursuant to the I-134 affidavit of support that you filed on her behalf with the U.S. Embassy/Consulate when she applied for her visa.
Answered on Apr 07th, 2014 at 2:47 PM