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Example: I am a U.S. citizen. I invite my fiancé to the U.S. on a K-1 visa. My fiancé and I do not get married within 90 days. We simply do not get married, period. He (my fiancé) stays in my house and lives with me as a husband and a wife. We have kids in 9 months, then more kids. One year down the road, what will happen? Two years down the road? Who’s legally responsible?

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  • In what sense do you mean "legally responsible"?
    – user102008
    Feb 18, 2022 at 16:45

2 Answers 2

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The non-citizen is responsible for themselves. If you do not marry within 90 days, the visa expires, and the non-citizen is no longer legally present, thus will have to leave the country.

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When the fiance's I-94 expires (90 days after entry), he becomes out of status and deportable. He also starts to accrue "unlawful presence" for the purposes of the 3-year/10-year unlawful presence ban.

There is a good chance that he will not actually be caught or deported within 1-2 years. In that case, nothing happens, but it is pretty miserable living in the US long-term without status, not being able to legally work and always being in fear of deportation. You shouldn't have legal liability from this unless you are doing something to conceal him from the authorities.

If you guys later marry (assuming it's genuine) and he's still in the US, he can probably still get a green card from within the US by Adjustment of Status.

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