What if my Fiancé and I Don’t Get Married Within 90 Days?
One of the great benefits of the K-1 fiancé visa is that it allows your fiancé to enter the United States before the two of you get married. This gives you the chance to plan an amazing wedding ceremony with your fiancé within the States. However, one condition of the fiancé visa is that you and your fiancé must marry within 90 days upon his or her arrival to the United States.
The United States Citizenship and Immigration Services (USCIS) approved your fiancé petition because you were able to convince them that you and your fiancé were serious about tying the knot. Failing to get married within the time period set by the USCIS may show otherwise. It is probably the worst thing you can do given the many immigrants that wish to be in your fiancé’s shoes.
Therefore, the 90 day expiration date set by the fiancé visa cannot be extended. If you and your fiancé do not get married within this time period, your fiancé will have no choice but to leave the United States. If you fiancé does not leave, he or she may face some serious consequences.
Unlawful Status and Resulting Complications
For starters, your fiancé will be in the country unlawfully and this is a serious offense. Once the immigration authorities catch up with your fiancé, he or she may be arrested and placed in removal proceedings in Immigration Court. At this time, your fiancé may attempt to convince the judge that the two of you are serious about getting married and that the wedding was not just a pretense to help the fiancé obtain permanent residence in the U.S. As you can imagine, convincing the judge that your marriage plans are bona fide will be much harder than convincing the USCIS since you failed to get married the first time around.
If the authorities do not catch up with your fiancé immediately and he or she manages to stay in the United States for a longer period of time (more than 6 months) after the expiration of the fiancé visa, he or she may be barred from gaining lawful status or legally remaining in the U.S. for up to 3 or even 10 years.
If you failed to marry within 90 days of your entry on a K-1 visa, we highly recommend that you speak with an immigration attorney.