The K-1 visa is available to foreign-born fiancés(es) of United States citizens. Often referred to as the Fiancé(e) visa, a K-1 is valid for only 90 days once the foreigner is admitted into the country. It comes with the requirement of the couple getting married within those 90 days, or the K-1 visa holder will lose their legal status.

But what happens if you don't get married on a K-1 visa?

Not getting married and overstaying the visa results in a violation of immigration law, which may result in serious consequences. 

If the couple does not get married during the foreign fiancé’s(e’s) K-1 visa valid period, the foreign national must immediately leave the country. K-1 visas are not intended for tourism, employment or anything other than for marriage with a U.S. citizen. Therefore it is extremely important to leave the country as soon as possible. Otherwise, the K-1 visa holder risks deportation, inability to obtain future U.S. visas or a green card — and a criminal record in the U.S.

Today, we discuss some factors involved in getting a K-1 visa, the consequences of violating the visa terms and even some alternative options when a foreign fiancé(e) doesn’t get married while on their K-1 visa.

K-1 Visa Background

The K-1 Fiancé(e) visa is a single-entry, nonimmigrant visa reserved for a foreign-born fiancé(e) who seeks to marry and live with their U.S.-citizen fiancé(e). The U.S. citizen initiates the process by petitioning for the visa on their significant other’s behalf. Initially, the K-1 visa is valid for six months. However, it is only valid for 90 days once the foreign fiancé(e) has been admitted into the country. The couple then has 90 days to get married, as a final compliance measure of the K-1 visa. 

Conversely, if the couple decides against the wedding, or the 90-day visa expires, the foreign fiancé(e) loses their legal status. He or she must then leave the country immediately. Otherwise the foreign fiancé(e) will encounter a range of severe consequences — discussed more below. Since a K-1 visa is only valid for 90 days once the visa holder is inside the country, there is no possibility of extending it. The only way to be able to stay in the country legally, is if asylum is granted based on persecution in the foreigner’s home country.

K-1 Visa Factors to Consider

There are several factors (including consequences when failing to comply) to consider when seeking a K-1 visa, such as the following:

  • The initial petition process, which is completed by the U.S. citizen fiancé(e)
  • The length of time for which the K-1 visa is valid once in the U.S., which is only 90 days
  • The the requirement of getting married within those 90 days
  • The potentiality of being deported if the wedding does not happen
  • Being out of lawful status if the K-1 visa holder overstays the allotted time
  • Failure to follow all K-1 visa requirements may result in the inability to enter the U.S. in the future, or to obtain a green card or U.S. citizenship

Even if the foreign-born fiancé(e) is admitted into the U.S. with a valid K-1 visa, but attempts to marry some else, they’ll face the same consequences. What’s more, they will be unable to obtain a marriage-based green card based on the marriage to their new spouse. 

In the interest of maintaining proper visa status, and the opportunity of obtaining U.S. visas in the future, it is crucial that each criterion is carefully observed.

Marrying Someone Else On a K-1 Fiancé(e) Visa

Though the couple may have had full intentions of getting married to each other, cases arise where the wedding is called off entirely. If the foreign-born citizen enters a relationship with someone new and gets married while on their previous K-1 visa, they’ve violated the terms of their visa, and face similar repercussions as outlined above. 

Similarly, if the foreign fiancé(e) waits until after their visa expires with intentions of marrying someone else, they would still lose their lawful status. As a consequence, he or she would face removal proceedings, an automatic green-card rejection and may be barred from re-entering the U.S. in the future. Therefore, it is critical to follow the proper steps in order to obtain lawful permanent residency when seeking to marry a U.S. citizen, and live inside the country together with them.

To become a lawful permanent resident through a different spouse, the foreign fiancé(e) must depart the U.S., re-enter on a new K-1 visa (that is connected to the new spouse-to-be), marry within 90 days of arriving in the country, and get approved for a marriage-based green card.