When a U.S. citizen wishes to marry someone who is not a citizen, there is a specific process that needs to be followed. If you are a citizen, your spouse can enter the country with a fiancé visa. But, there are some requirements you will have to meet to be eligible for this visa and there are strict rules to follow once in the country. One of the biggest rules is that you will have to get married within 90 days of your fiancé’s arrival in the United States. Read on for more information regarding fiancé visas and the process.
What is a Fiancé Visa?
The purpose of a K-1 visa, also referred to as a fiancé visa, is for a non-U.S. citizen to enter the country and marry a U.S. citizen. If your fiancé is granted a K-1 visa, he or she may enter the country and you will have 90 days to get married. If you are married within this time, you and your spouse may reside in the country. So what happens if you do not get married within 90 days?
What if I Do Not Get Married Within 90 Days?
90 days can feel like a very short time to get married, but it is imperative that you complete the wedding within this window of time. If you and your fiancé do not get married within 90 days, you will have to leave the country. The visa was issued with the expectation that you and your spouse would get married, so if this does not happen, the visa no longer stands. Failing to get married in the designated amount of time can cause a lot of problems for your immigration status in the future.
What if We Get Married and then Break Up?
While you and your spouse must get married, you do not necessarily have to stay married. Sometimes, relationships don’t work out as expected. If you get married and subsequently break up, you can pursue the green card without your spouse, as long as the application was filed.
If you entered the country on a fiancé visa and did not get married within 90 days, contact a skilled immigration attorney as soon as possible. Our firm is here to advocate for you and explore all of your legal options.
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Katona & Associates, PLLC is an experienced, highly dedicated New York City immigration law firm located in lower Manhattan. Our firm works with clients in all matters of immigration law, including employment immigration, family immigration, deportation defense, green cards, and citizenship. Contact us to discuss your case and get the help you need.