QUESTION
What are my financial obligations to getting my fiance back in the US?
Asked on Feb 28th, 2012 on Immigration - Texas
More details to this question:
My fiance is in the US under a K-1 visa. She does not wish to get married now and I would like to know what my financial obligations are in getting her back to her country?
3 ANSWERS
You have none. But she should know that if she does not marry you and you are the petitioner, by remaining in the US, she will fall out of status once her I-94 expires and she will never be able to legalize her status within the US on the basis of any other petition. Once she is in the US unlawfully present for more than 180 days, even if she departs the US, she will be barred from reentry for 3 years; if she is unlawfully present for 10 years, she will be barred from reentry for 10 years.
Answered on Mar 05th, 2012 at 2:56 PM
3 Awards
Once she leaves US without marrying you, you should not have any financially liability. Besides, if you do not file I-864, you should not be subject to the financial obligations stated in that form.
Answered on Mar 01st, 2012 at 7:55 PM
Employment-Based Immigration PERM - 1-140 (EB-1, EB-2, EB-3) and EB-5 (investment) Attorney serving Houston, TX
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A fiance of a U.S. Citizen who enters the country on K-1 status is limited to 90 days of stay for the purpose of marrying the US Citizen who sponsored the K visa. If she fails to marry within the 90 days period, she will fall out of status after 90 days and must leave the United States. Keep in mind that the K-1 beneficiary is NOT eligible to change or extend such status, or to adjust to permanent residence through a different sponsor other than the one who petition her K-1. You will have no financial obligations to her if she doesn't marry you and adjust status under your sponsorship and affidavit of support (I-864).
Answered on Mar 01st, 2012 at 12:56 PM