Can I deport my fiancé back to her country? 15 Answers as of March 09, 2012

Sounds like you have deeper issues than whether or not your fiance wants to marry you. You don't have the authority to deport anyone, and neither do the police. Only the federal government can. If your fiance comes into the US and refuses to marry you, then she could become subject to removal.

A person that enters with a fiance visa does not marry within 90 days, the person will become undocumented.

The K-1 expires within 90 days of its issuance so if you don't get married her status will expire and she will be here illegally. If you don't get married, simply notify ICE that you have not gotten married because the fiance has changed her mind. You should not get involved in trying to make sure they deport her - after your notification of the marriage refusal and the expiration of the K-1 it is up to Immigration as to what they will do with that information.

You don't need to do anything. The visa that was given your fiance by the US Government is only good if she marries you NO ONE ELSE! She has to marry you or leave within 90 days of her arrival in the US. Period.

The K1 visa is very specific. If she does not marry you and you do not file for her Residency/green card, she has no options. She must return home or stay here illegally. She cannot change her status to another visa or marry a different citizen. There are exceptions is there is abuse.

If she does so, you should refuse to sponsor her on her green card. Without your petition, she can't get green card.

Nothing will happen to you, but she will become illegal passing 90 days upon arrival if she does not marry you and you do not initiate adjustment of status paperwork.

Sorry to hear you are so seriously concerned about your fiance. Perhaps it would be wise for both of you to seek couple's counseling before going forward with your plans to marry. Regarding immigration issues, a K-1 visa is valid exclusively for the purpose of someone entering the U.S. and then promptly getting married, and then after the marriage the couple can pursue the steps for the spouse to adjust status and become a Lawful Permanent Resident (get a "Green Card"). A K-1 visa does not allow someone to enter the U.S. and then make other plans or pursue other routes to attain Permanent Resident status. An individual cannot deport (now called "remove") someone, nor can local police. Instead, Immigration and Customs Enforcement (ICE) has jurisdiction (authority) to place someone in removal proceedings and cause that person to be removed.

Under the law, if she does not marry you within 90 days of her arrival on a K-1 visa, she cannot adjust her status even if she marries someone else. You cannot "deport" her back to her country except you may contact ICE or CIS about her status. The is not a police matter.

You cannot deport her. If she is in violation of the immigration laws, DHS can initiate proceedings.