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What if I don’t marry my fiancé before their K-1 visa expires?

| Jul 22, 2021 | Uncategorized

If you and your foreign partner want to get married in the state of Kentucky, you will need to file several forms in order to obtain a K-1 nonimmigrant visa for him or her. This visa is known as the fiancé visa since it’s typically given to persons who will become U.S. citizens after marrying their fiancés.

What are the rules of the K-1 nonimmigrant visa?

After you’ve submitted the Form I-129F and Petition for Alien Fiancé forms, and they’ve been approved, your soon-to-be spouse will be given a K-1 nonimmigrant visa that allows him or her to remain in the United States.

The major stipulation of the K-1 visa is that you and your fiancé have to get married within 90 days of your fiancé entering the United States. The marriage must also be valid, which is to say that you are marrying to build a life together and not just to become a citizen of the United States.

After you and your fiancé get married, your fiancé is then eligible to apply to be a lawful permanent resident of the United States and will be granted a green card. This also can apply to any children your fiancé has brought to the United States with him or her.

What happens if we don’t marry within 90 days?

The K-1 visa cannot be extended, so if you fail to get married within 90 days, your fiancé, and any children of his or her, must leave the United States. If you get married after the 90-day period, you may file a Form I-130, Petition for Alien Relative.

This tends to be a separate process and can complicate matters. If you’re worried about meeting the 90-day requirement or have questions about the process, reach out to an immigration lawyer.