If you come to the United States on a fiancé Visa and don’t marry your fiancé, you have very limited options regarding your ability to stay in the United States. Unfortunately, the consequences of not marrying your fiancé after entering on a K-1 means that you can never legalize your status in any other way, even if you marry another U.S. citizen. The K-1 visa is specifically permitting you to come into the United States to marry the K-1 petitioner, the US citizen that sponsored you for the fiancé Visa. Unfortunately, if you don’t marry that person, there is no way to change status. There is an exception; if you do end up marrying your fiancé within the 90 days and you file the application, but subsequently break up, then you can pursue the green card without your spouse, as long as the application was filed. These cases can be very complicated; not getting married after entering on K-1 visa can have severe consequences for your immigration status. It is highly recommended that you contact me or an experienced immigration lawyer in New York City to discuss your situation.
Cheryl David is an experienced immigration attorney in the New York City area. Contact her for a free initial evaluation regarding any questions you may have about immigration procedures and policies.
