Last August my brother brought his fiancee here from the Philippines on a k1 visa. Her visa was supposed to expire the end of November. They applied for a marriage license in early November. Our brother told us that they got married at by the justice of the peace at the county court house. However in February of this year a friend noticed in the local newspaper that once again my brother and his fiancee had applied for a marriage license. What will happen to our brother if he did not marry his fiancee within the 90 day period allowed? We have tried to talk to him about it but he told us to F off. Our 83 year old mom is concerned he will go to prison for fraud. We have since Feb found out she may have a child via facebook. When some of our family and friends started asking who the child was she changed to new facebook and blocked family and friends who asked about the kid. will my brother get in trouble for not marrying her within the 90 day time spand? will she be deported because she overstayed her visa without marrying my brother within the 90 days? Please help us to answer these questions so that we can put our mothers mind at ease. She has a heart condition and is very upset since finding out my brother may have broken the law.
1 Answer from Attorneys
Since they did not marry within the 90 days, she will not be permitted to adjust status. She is legally required to return home. Then she will face a bar to re-entry for her illegal presence in the United Sates.
It is unlikely your brother will go to jail. I would not say that this is a criminal offense. However, his "fiance" could be put in Removal proceedings.