The K-1 visa, also known as the fiancé visa, allows the foreign fiancé(e) of a U.S. citizen to enter the United States to marry within 90 days of their arrival. If the couple does not marry within 90 days, the foreign national must leave the United States.

If the couple does not marry within 90 days, the foreign national is considered to be in the United States unlawfully. They may be deported and may have difficulty returning to the United States in the future.

If the couple marries after the 90-day deadline, the foreign national may still be able to qualify for a green card. However, they will need to file an I-130 petition for alien relative and a green card application with USCIS. The I-130 petition will be based on the marriage, not on the K-1 visa.

USCIS may ask the couple why they did not marry within 90 days. They may also require the couple to provide evidence of their bona fide relationship. However, the path to a green card is still open to couples who marry after the 90-day deadline.

It is important to note that marrying a different U.S. citizen does not allow the foreign national to stay in the United States and file for their green card. If the foreign national marries another U.S. citizen, they will still need to leave the United States and apply for a green card through consular processing.

To avoid any complications, it is best to marry within the 90-day requirement. However, life doesn’t always work as we plan. If you are a K-1 visa holder who is unable to marry within 90 days, contact an experience immigration law firm, like ours.

Here are some additional things to keep in mind:

• The K-1 visa is a nonimmigrant visa, which means that the foreign national is not allowed to work in the United States.
• The K-1 visa is also a single-entry visa, which means that the foreign national cannot leave the United States and return on the same visa.

If you have any questions about the K-1 visa or the marriage requirements, contact us. Our extensive experience ensures you get the right advice for your specific situation and in compliance with U.S. immigration laws. We are with you every step of the way.