When the Relationship Doesn’t Work Out for K-1 Fiance Visa Beneficiary
One benefit of filing a fiancé visa petition is that the fiancé beneficiary will be able to enter the United States a little more quickly than if a spousal immigrant petition is filed for the fiancé, however, the difference is really only a matter of a few months. In 2023, a consular processing spousal immigrant case would take nearly two years from filing to interview abroad of the foreign national spouse. A fiancé visa in contrast takes about a year and seven months from filing to interview abroad of the foreign national fiancé. This really isn’t much of a difference since the spousal visa route provides the foreign national spouse with permanent resident status as soon as they arrive in the US. Social Security number follows in the mail, whereas a K-1 fiancé has to file to become a permanent resident after they get married in the 90 day window which means that a year after arriving in the US they would be lucky to have their Green Card in hand.
After entering the United States, the fiancé beneficiary must marry the US citizen petitioner within ninety (90) days. Following the marriage, the fiancé beneficiary can then apply to change his or her status to that of a permanent resident alien.
Because the purpose of a fiancé visa is solely for the beneficiary to enter the United States to marry the US citizen petitioner, the fiancé visa is subject to certain restrictions. Only marriage to the US citizen petitioner who filed the fiancé petition allows the fiancé beneficiary to adjust status to permanent resident. The fiancé beneficiary cannot change status to another type of nonimmigrant visa (such as an H-1B employment based visa or an F-1 student visa etc.). Also there are no immigration laws that allow the fiancé to maintain valid status after the 90 days is over and they have not married the US Citizen Petitioner. Two distinct case scenarios will best illustrate the implications of the fiancé beneficiary failing to marry the US citizen petitioner or adjusting her status after marriage to the US citizen petitioner.
Hector applied for Lisa’s fiancé visa while Lisa was still in the Dominican Republic. They met at a resort where Lisa was working and it was love at first sight. Lisa’s arrival in the United States revealed that they had serious compatibility issues. Lisa found out that Hector had lied about a few things and the trust was severely wounded. They realized that they were not meant to be together. Gilda decided to stay in the country because she was already here, and she stayed with her relatives. Lisa met John after a few years and the two fell in love. John and Lisa married in the end. Lisa applied for adjustment of status based on her marriage to John, believing she was now married to a US citizen and that everything would be fine and live happily ever after.
Following their adjustment of status interview, the USCIS officer denied Lisa’s application for adjustment of status because she entered the US on a K-1 visa and was not adjusting her status based on her marriage to the person who filed the K-1 visa petition on her behalf. Lisa has the option of leaving the country and applying for a visa, as well as filing for a waiver with the US Embassy so that the government can waive her unlawful presence if she had accumulated unlawful presence in the US of more than 180 days which automatically triggers a bar to re-entry. This waiver is called the 601-A waiver.
Tina’s fiancé visa petition was filed by Warren when Warren met Tina on a work project in Poland. Warren and Tina married within 90 days of Tina’s arrival in America in accordance with the rules of the K-1 visa. Daisy then applied with the USCIS for an adjustment of status. Tina discovered during the early stages of their marriage that Norman was not the person she fell in love with. Norman had a wondering eye and he was way too flirtatious for any woman’s liking. One day she went through his phone and found out that he was having multiple affairs. When she confronted Warren, he began gaslighting her and began a campaign of abuse over the next few months that she would never forget. He then kicked Lisa out of their home and told her never to come back. Tina went to a shelter because she didn’t know anyone else in the US. Since Warren was an angry person, he decided to withdraw his affidavit of support that he had submitted for Tina in her adjustment of status application. The good news is that Tina eventually was able to adjust her status through a self-potion based on the domestic violence she had suffered.
I hope that the above shines some light on what can go wrong in these K-1 fiancé visa cases. This is especially true when a US Citizen travels to a country for a very short period of time and decides to bring a love interest to the United States after a short courtship. Of course, things go wrong in marriages all the time even where no visas are involved. We have represented many individuals who find themselves in uncomfortable situations, whether it be due to a fiancé visa that suffers along with a love story or when a couple divorces while a removal of conditions is pending when a foreign national spouse already has a two year Green Card.
If you find yourself in an uncomfortable situation such as the above, do not hesitate to call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We are here to help!