If you are not a U.S. citizen and you wish to marry someone who is, you can enter the country through a K-1 or fiancé visa. But, there are some strict conditions that come with this visa. One of the most important requirements is that you and your partner marry within 90 days of your entry to the U.S. Read on to learn. more about what happens if you do not get married within 90 days.
K-1 Visa Requirements
To file for a K-1 visa, you must meet a certain set of requirements:
- The couple must have met at least two years prior to filing for the visa. This will require proof. Proof can include photographs of the couple together, phone records, copies of correspondence, etc.
- The couple must provide income evidence. The petitioner’s income must meet or exceed 100% of the US poverty guidelines. This is examined to ensure that the petitioner can support both parties.
Once the petition is approved, the fiancé must go through a background check, medical examination, and interview.
What if I do Not Get Married Within the 90 Days?
90 days likely feels like a short amount of time to get married, but it is important that you get married in time. Unfortunately, if you come to the United States on a fiancé visa and don’t marry your fiancé within 90 days, you have very limited options regarding your ability to stay in the United States. The K-1 visa is specifically permitting you to come into the United States to marry the K-1 petitioner, the U.S. citizen that sponsored you for the fiancé visa. If you do not marry your fiancé within 90 days, you will not be allowed to stay in the U.S. But there are some exceptions to the rule. For example, 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. If you are struggling with this issue, you will want to retain the help of a skilled immigration attorney.
Read on for more information regarding fiancé visas and what you should do if you fail to get married within 90 days of your entry to the U.S.
Contact Our New York City Immigration Lawyers
Our law firm can explain all the opportunities associated with fiancé visas and help you through the entire procedure, as well as discuss whether this is a good option. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.