Entered as Fiancee Visa but did not get married

A

alexie

Registered Users (C)
Hi, can anyone help me with this? My friend came here on a fiancee visa but her fiance withdrawed his plans of marrying her. Does she have to go back to the country she came from? Or if she finds another guy whose going to marry her would she have any problems with this as it wasn't the latter who filed for her fiancee visa? I hope somebody can help as I don't really know what to tell her and she's getting paranoid.
 
I may be wrong (and someone correct me if I am) but I'm fairly sure that no she can't stay. It's illegal to just find someone to marry to stay, because it sounds like thats what she is thinking. It would also look super suspicious if she did so.
 
MOM1211 said:
I may be wrong (and someone correct me if I am) but I'm fairly sure that no she can't stay. It's illegal to just find someone to marry to stay, because it sounds like thats what she is thinking. It would also look super suspicious if she did so.
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You are right, she can only AOS if married to the person that sponsored the fiancee visa she came with. If she found some else she needs to go home and start over. If she has been here less than 270 days she should leave immediately before her unlawful presence triggers the five year bar and she can try again with the new boyfriend otherwise she can not AOS and if she lives she can not return for 5/10 years depending on how long shes been here.
 
Thanks for all replies. I told her that's what I think so too. Her visa is going to expire this May 20th. I really feel sorry for her because she loves this guy but the guy is not really ready to marry her; maybe the guy had a change of heart when my friend came over.
 
Your friend should leave the US by May 20th. Staying beyond that will put at risk any possible future permanent settlement in the US. So advise your friend to move on and move out of the US.

alexie said:
I told her that's what I think so too. Her visa is going to expire this May 20th.
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is it her visa or her I-94 that expires on May 20?
she has 90 days from arrival to either get married and apply for AOS, or leave the US. After 90 days she begins accruing illegal presence.
 
AzBlk said:
If she has been here less than 270 days she should leave immediately before her unlawful presence triggers the five year bar and she can try again with the new boyfriend otherwise she can not AOS and if she lives she can not return for 5/10 years depending on how long shes been here.
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The five-year bar cannot be triggered by unlawful presence.
 
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