QUESTION
What I need to do if I don't want to marry my fiance for the k1 visa?
Asked on Sep 19th, 2011 on Immigration - New York
More details to this question:
My fiance is now living in my house with K1 visa and I notice our relationship doesn't work out due to matter of principle. I'm wondering is there anything i need to do while I explain to him and his family that I don't want to get marry anymore. Do I need to contact the USCIS and notify them? What if he refuses to leave my house or leave the U.S. after the 90 days period? Is there anything I can do to protect myself as I'm financially responsible for him.
9 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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If you do not intend to marry him, then the immigration issue is simple. Notify the USCIS. As to the other issues, that is more of a family or civil issue.
Answered on Sep 20th, 2011 at 1:20 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If you do not marry within 90 days, he will have to leave the US. It is between you and him to decide if you want him out of your home.
Answered on Sep 20th, 2011 at 4:59 AM
If you believe that the marriage will not work, then let him know. He needs to return to his home country within the 90 day visa period. To do otherwise, can create tremendous immigration problems for him in the future. He cannot marry anyone other than you if he intends to lawfully remain. However, he can eventually consular process with based upon another future good faith relationship, perhaps. If he stays, then he likely faces the consequences, not you or your family. I strongly recommend an appointment with a competent and experienced immigration attorney. If he becomes a menace, then you may need to file an order of protection to have him legally barred from your residence. The violation of an order of protection can make matters much worse for him. He may never be able to immigrate, again. If there is more time on the visa, he may have more time to recuperate and appreciate what went wrong. You also need to consider all of your options where you are fearful of his reaction. Perhaps, the best way to handle it may be to let him know in a public place. Also, taking appropriate precautions, where you want him to stay out of your residence.
Answered on Sep 19th, 2011 at 8:56 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You are not financially responsible for a fiance even though you signed an affidavit of support (aos). The aos is limited to government benefits and debt owed to the government. If he fails to leave, he will suffer the consequences for overstaying, and not you.
Answered on Sep 19th, 2011 at 8:55 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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You do not have to marry him if you do not want to. However, his status will end after the 90 days if you do not marry him and file I-485. He must leave the country. If he refuses to leave your house, you can call police to throw him out. It is up to you if you would write to USCIS about your decision not to marry him. For him, even if he later marries someone else, he cannot adjust status in the US as the marriage is not between the original K-1 sponsors.
Answered on Sep 19th, 2011 at 4:59 PM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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Further inquiries and researches, including a review of what transacted at the interview by a US consular officer of you or/and your fiance and all documents that you filed for his K1 visa petition, are necessary before an answer to your question is made.
Answered on Sep 19th, 2011 at 4:59 PM
Sorry to hear that things are not working out with your fiancé. You and he might consider seeking couples counselling to see if the issues and principles can be worked out. If ultimately you decide not to marry, there is no requirement that you notify the USCIS. Instead, your fiancé’s lawful presence in the U.S. will expire and he will become at risk for removal if he fails to return abroad (additionally, if he remains unlawfully present for 180 days or a year, he may become subject to a 3-year or 10-year bar to re-entering the U.S.). If you require him to leave your home and he refuses, then aside from "self-help" such as changing the locks on the door when he goes out, you could speak to a local domestic relations attorney about the possibility of seeking a temporary restraining order or other process to require him to leave.
Answered on Sep 19th, 2011 at 4:54 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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If you don't want to marry, that is fine. You need to leave the US within the 90 day period after your entry. You may want to notify the US consulate and DHS that you no longer want to marry and provide proof that you left the US on time.
Answered on Sep 19th, 2011 at 4:53 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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There is nothing you need to do. If your fiance refused to leave you can call the police.
Answered on Sep 19th, 2011 at 4:33 PM