Visa Extension Denied -Next Step for K Visa

osita4suca

New Member
My fiance is here in the States under a WT status. He was denied a request for an extension because WT classes are ineligible for an extension of stay. I am awaiting for my divorce papers before I can marry him; however, his I94 expires on 3/27/09 and I'm afraid we will not have enough time to finalize my divorce. What can I do to extend his stay until I'm finally able to marry him? Do I appeal the extension? Is there another form I need to fill out?
 
Hi,
As VWP status is not eligible for extension of stay, the safest way would be applying for K-1 fiancé visa as soon as your divorce is legally finalized and you are in possession of divorce decree.
 
He can either leave immediately, or just stay put and accrue illegal presence until your divorce is final and you both marry. In the latter option, just be prepared to prove that the decision to marry and AOS was not there when he entered the country.

What can I do to extend his stay until I'm finally able to marry him? Do I appeal the extension? Is there another form I need to fill out?
 
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