Dont Overstay your K1 Fiance Visa

A K1 Fiance Visa requires the foreign fiance to get married to the US Citizen within 90 days of entering the United States. There are no exceptions.

When your fiance enters the United States, US Customs will stamp his or her I-94 card or passport with an expiration date that is set at 90 days from the date the fiance entered the United States. You have until that date to get married. If you do not get married as planned within those 90 days, the foreign fiance must leave the United States before the 90 days expires. If the foreign fiance overstays past 90 days, there will be some form of consequences. Some fiancés who don’t get married within the 90 days and stay in the United States are hoping to meet somebody else or find another way to adjust their status at a later date. This will not work and can very easily lead to harsh sanctions. Currently, there is now way to adjust the status of a K1 Fiance Visa holder who did not comply with the marriage requirements of their fiance visa. The foreign fiance who overstays will always be considered illegal while in the United States.

Overstaying a visa will likely impact your possible plans to visit the United States in the future. For one, you may be denied future visas, including K1 Fiance and Marriage Visas. Overstaying a visa can also make it very difficult to obtain another form of visa, like a visitor or student visa. And, if you are a resident of a country that enjoys a Visa Waiver program with the US, you will likely not be approved for such a waiver. Immigration wants to know that they can trust you to abide by their rules and when you don’t, they will likely not trust you again.

In addition to the consequences already discussed, if you overstay your visa by 180 days but less than one year, you will automatically be subjected to a 3 year bar. If you overstay your visa by more than 360 days, you will be subjected to a 10 year bar.

If you have any questions about your Fiance Visa or wish to speak with me about your immigration plans, please feel free to call me anytime toll free at 1-888-515-3529. I am always happy to answer questions.

Attorney Jeffrey C. Pettys

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