The K1 Fiance Visa is a beautiful visa that allows the soon-to-be spouses to have a wedding in the United States. The Visa is only valid for 90 days upon entry into the United States. The Visa Holder comes to the United States for the “sole purpose” of marrying the US Citizen who Petitioned for them, and to marry no one else.
A Fiance has a 90-day countdown. The question: does the fiance have to leave the United States before the Visa Expires? This is actually a common question or concern. The answer, unfortunately, is: it depends. Everything depends on what occurred within the 90 days.
First, if the marriage to the petitioning US Citizen occurs within 90 days, the Visa Holder is thereafter eligible to apply for Lawful Permanent Residence (Green Card). For the Adjustment of Status from K-1 to Lawful Permanent Resident (Green Card), the K1 Holder MUST remain in the United States to process the filing. So, they cannot and should not leave the United States.
Second, the marriage did not occur within 90 days, but the Fiances still plan on marrying. Then, even though the overstay of the K1 Visa is bad and does have risks, the US Citizen can file an I-130 Petition after marrying. So, they may not have to leave the United States.
Third, the marriage did not occur within the 90 days and there are no plans to marry the I-129F US Citizen Petitioner, then the K1 Visa Holder should make plans to leave the United States on or before day 90 of the period of stay.
If you would like to speak with an Immigration Attorney, you may contact our Immigration Law Firm to set up a Consultation.
Visit our Fiance Visa Practice Area Page:
K-1 Fiance Visa Blog Posts
Our Law Firm has written numerous blog posts and made many Youtube Videos to aid in the Fiance Immigration Process. Click the following link to see our selection for the Fiance Visa: https://www.fickeymartinezlaw.com/category/immigration/k-1-fiance-visa/
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