How Do I Adjust My Status From A K1 And Stay In US If My Fiance Does Not Want To Marry Me?

A K-1 visa is a visa issued to the fiance or fiancee of a United States citizen to enter the United States. The requirement of the K-1 visa is that the foreigner must marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States.

Unfortunately, moving to a new country is never easy and can be quite stressful. No matter how long you have been with your fiance, you do not really know who they are until you are able to live with them.

Relationships can break down quickly due to stress, money issues, communication problems and the immigration process. There are so many aspects that are working against you that it is very important to remind yourself that no one is perfect.

If The U.S. Citizen Refuses To Get Married, Can I Still Adjust From A K1 Visa?

green-card-renewlThe K-1 visa is very restrictive and only allows you to adjust if you marry the original petitioner. Some K-1 visa holders have learned the hard way that they cannot adjust their status after marrying a different U.S. citizen.

You will have 90 days to figure out what you and your fiance will do. This is the time for you to plan a wedding or maybe go to counseling and fix any relationship problems you may be having.

In the end, if your fiance does not want to marry you then you will need to leave the United States before the I-90 expires (within 90 days of entry).

However, if you have been abused by the U.S. citizen, you have the option to file for VAWA on your own to obtain a greencard.

Once I Return To My Country, Will It Be Harder For Me To Get Another K-1 Visa?

Unfortunately, it will be more difficult to get approved for another K-1 Visa. The USCIS will be looking closely at the reasons why you failed to marry within 90 days on your previous K-1 visa.

As long as you answer honestly and provide as much detail as they require, you should eventually get approved for a second K-1 visa.

However, do not rush into another relationship with a U.S. citizen and allow your relationship to grow naturally. It is also in your best interest to get to know your new partner and make sure that you both want to eventually marry before submitting another I-129F application.

Will I Be Able To Visit The United States If I Failed To Marry On A K-1 Visa And Went Back Home?

travel-outside-us-naturalizationGood news is that you can still visit the U.S. on a tourist visa (or VWP) as long as you did not overstay on your K-1 visa.

There is no negative consequence if you and your fiance decide not to marry and you leave before your I-90 expires.

The only time you will receive a ban from the United States is if you illegally overstay your visa. The K-1 visa does not grant you any residency and you are not approved to work.

The K-1 visa should only be used to enter the United States with the intention of marrying the U.S. citizen petitioner and then adjusting your status.

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Hi! I’m a foreign born Canadian that has immigrated to the United States to marry the love of my life. I successfully navigated the U.S. immigration system all the way to U.S. citizenship. Immigration is a privilege not a right!

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