My fiancé got here with her K1 visa last month and after considering everything, we are not a good match and I can't marry her. She has decided to stay here and not go back. Am I responsible for anything if she stays in the USA? Can she get a lawyer and apply for something else so can stay legally?
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Not getting married - now what?
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If you don’t marry within 90 days she falls out of status. In reality, that’s all that happens. The USCIS doesn’t have the resources to go after everyone who have overstayed their visa. If she decides to stay illegally, you won’t be responsible for it, but it might cause some issues if you plan on filing a petition for someone else (family member, fiancée etc.) in the future. As far as I know, it’s not possible to adjust status from K1 to anything else than LPR. The only way she can stay legally is to marry you within 90 days and apply for AOS.
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Read this carefully! USCIS=IRS Those people don't play. Don't ever let those people take you as their examples. this situation is not good for you and her. For you, like the previous comments. You have to let them know about your situation like withdraw the petition and why. Remember you filed the I134 so she's your liability and you won't be able file another petition because of this one still opened. For her, they think she used you or she paid you to get up here. And you don't want her to say anything negative about you so she could file another petition like VAWA...Just some thoughts. Good Luck!Last edited by angenoire; 02-01-2013, 02:17 PM.
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