Ding Babb｜What Happens If You Don't Marry Within 90 Days on a K-1 Visa?

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Keywords: K-1 fiancé(e) visa

The K-1 fiancé(e) visa allows a foreign national to enter the United States to marry their U.S. citizen fiancé(e) within 90 days of arrival. While this visa is an important first step toward obtaining a green card, it comes with strict time limits and immigration requirements.

If the marriage does not take place within the 90-day window, the foreign national may face serious immigration consequences, including loss of legal status, removal (deportation) proceedings, and negative impacts on future visa or green card applications.

🌍Loss of Legal Status and Deportation Risk🌍

The K-1 visa is valid for 90 days. If the marriage does not occur within this timeframe, the visa expires, and the foreign fiancé(e) is considered out of status.  Upon expiration of the K-1 visa without marriage, the foreign national must depart the United States promptly. Failure to do so may lead to removal (deportation) proceedings.

🌍Impact on Future Immigration Benefits🌍

Remaining in the U.S. beyond the authorized period (overstay) can negatively affect future visa or immigration benefit applications. For instance, an overstay of more than 180 days may trigger a three-year bar, while an overstay of one year or more can lead to a ten-year bar from re-entering the U.S.

These types of "bars to re-entry" are very strict, meaning you may be unable to obtain a U.S. visa for many years unless you successfully apply for and are granted a highly restrictive waiver.

🌍Ineligibility for Adjustment of Status🌍

The green card path under a K-1 visa is strictly limited to marrying the original U.S. citizen petitioner, and the marriage must take place within the 90-day period. If you marry after the 90 days have passed, or if you marry someone else, you will no longer be eligible to adjust status based on the K-1 visa. In most cases, you will need to leave the U.S. and apply for an immigrant visa from abroad—a process that is more complicated and carries greater risks.

🌍Limited Options for Changing Status🌍

Many people ask, “Can I switch to a student visa or work visa instead?” The answer is usually no. The K-1 visa is specifically intended for marriage, not as a stepping stone to change to another immigration status. 

Unless there are extremely rare and exceptional circumstances, K-1 visa holders who do not marry within the required timeframe are not allowed to change to another nonimmigrant status (such as F-1 student or H-1B work visa) while in the U.S. In most cases, they must depart the country and apply for a new visa from their home country.

🌍Seeking Legal Guidance🌍

Given the complexities and potential consequences of not marrying within the 90-day period, it is crucial to consult with an experienced immigration attorney. If you find yourself unable to marry within the required timeframe, or if you’re unsure about your current immigration status, it’s important to consult an experienced immigration attorney as soon as possible. 

An experienced attorney can help determine whether you have indeed fallen out of status, assess whether you may qualify for a waiver or other forms of relief, minimize the impact of any negative immigration history, and help you plan an appropriate strategy for departure and possible reentry to the U.S.