QUESTION
Can I deport my fiancé back to her country?
Asked on Feb 21st, 2012 on Immigration - New York
More details to this question:
I am filing petition for k-1 visa for my fiancé , but I am scared of if she refuses to marry me after she enters the United States. What would be the consequences in case this happened to me or what should I do after this happens to me? Can I deport my fiancé back to her country? Or should I file a police complain about her?
8 ANSWERS
Banking Attorney serving Miami, FL
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The Barrister Firm, P.A.
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The K-1 expires within 90 days of its issuance so if you don't get married her status will expire and she will be here illegally. If you don't get married, simply notify ICE that you have not gotten married because the fiance has changed her mind. You should not get involved in trying to make sure they deport her - after your notification of the marriage refusal and the expiration of the K-1 it is up to Immigration as to what they will do with that information.
Answered on Feb 23rd, 2012 at 4:21 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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The K1 visa is very specific. If she does not marry you and you do not file for her Residency/green card, she has no options. She must return home or stay here illegally. She cannot change her status to another visa or marry a different citizen. There are exceptions is there is abuse.
Answered on Feb 23rd, 2012 at 1:50 PM
Sorry to hear you are so seriously concerned about your fiance. Perhaps it would be wise for both of you to seek couple's counseling before going forward with your plans to marry. Regarding immigration issues, a K-1 visa is valid exclusively for the purpose of someone entering the U.S. and then promptly getting married, and then after the marriage the couple can pursue the steps for the spouse to adjust status and become a Lawful Permanent Resident (get a "Green Card"). A K-1 visa does not allow someone to enter the U.S. and then make other plans or pursue other routes to attain Permanent Resident status. An individual cannot deport (now called "remove") someone, nor can local police. Instead, Immigration and Customs Enforcement (ICE) has jurisdiction (authority) to place someone in removal proceedings and cause that person to be removed.
Answered on Feb 23rd, 2012 at 12:30 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Under the law, if she does not marry you within 90 days of her arrival on a K-1 visa, she cannot adjust her status even if she marries someone else. You cannot "deport" her back to her country except you may contact ICE or CIS about her status. The is not a police matter.
Answered on Feb 23rd, 2012 at 12:02 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You cannot deport her. If she is in violation of the immigration laws, DHS can initiate proceedings.
Answered on Feb 23rd, 2012 at 11:33 AM
If you do not get married to your fiance, she will fall out of status once her 90 days of authorized stay in the US expire. At that point, it would be prudent for her to leave the US because by staying in the US she will never be able to legalize her status through any other means that by marrying you, the original petitioner. You cannot deport her but you can certainly explain to her the consequences of remaining in the US if you do not marry.
Answered on Feb 23rd, 2012 at 10:58 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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No, you cannot deport anyone, nor is the refusal to marry you a criminal action. Please note that if she enters on a K-1 visa, she will be only eligible for adjustment of status based on your marriage.
Answered on Feb 23rd, 2012 at 10:50 AM
Litigation Attorney serving Pearl River, NY
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Law Office of Bijal Jani
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Your fiance will be able to enter into the USA based upon your K1 petition filing, but in order for her to stay here legally, she and you would have to be married within 90 days and you must file a Petition for Immediate Relative for her, which then gets processed by the USCIS. If, for whatever reason you do not get married to her in a timely manner, her fiance visa expires and she will not have valid stay in the USA.
Answered on Feb 22nd, 2012 at 11:23 AM