K-1 Visa Holder married after 90 days – what to do?

If the Fiance entered the United States on a K-1 Fiance Visa, but the couple did not marry within the 90 days after entry, the foreign fiance is considered to have “overstayed” her Fiance Visa. There are two very important distinctions that must be made: (1) married the “intended fiance” or (2) married someone else.

First, if the Fiance married the Petitioner of the I-129F, there is hope. An “overstay of the K-1 Visa” may still apply for adjustment of status and receive a Green Card through the spouse. An I-130 Petition would be required; however, USCIS may require a reason for failing to marry within 90 days after the couple had given many statements of their intent to marry in the allotted time. If fraud was present, the newly-married couple could face complications and be required by USCIS to pay $930 in a waiver.

Second, if the Fiance married someone who did not file the I-129F that provided the entry into the US, you should speak with an attorney. Overstaying and marrying a non-petitioner will require the Foreign National to leave the U.S. to attend an immigration interview. Overstaying a visa could place a 3-year or 10-year admissibility bar on the K-1 Visa Holder. Meaning, an exit would punish the immigration violation with a rejection from re-entering the United States for many years. There is a waiver process, but it should be handled by a professional or the result may mean many years separated from a spouse.

Overstaying any visa may lead to deportation. It is wise to honor the CBP I-94’s permitted time in the U.S. If overstaying is likely, a foreign fiance should speak with an immigration attorney. 

If you have any concerns, you should speak with a local Immigration Attorney, or you may call Fickey Martinez Law Firm, P.L.L.C. at (910) 526-0066 or email at attorney@fickeymartinezlaw.com.


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