Can I Extend My K-1 Fiance Visa Once I am in the United States?

I entered the United States with a K1 Fiance Visa.  It has been almost 90 days and we have not gotten married.  Can I extend the fiancé visa for more time to make a decision or should I just leave?

 A. No, you cannot file to extend your fiancé visa.

If you enter the United States on a K1 fiance visa then you will want to marry the U.S. citizen, who filed the petition for you, within 90 days.

If you cannot, for some reason, get married during this 90 day period then you should consult with an Immigration Attorney.  The attorney can work with you to make sure that you do not run into problems with USCIS.  The sooner you do this the better.

If You Will Not be Marrying the U.S. Citizen

If you will not be getting married to the U.S. Citizen, who filed the fiance visa for you (you cannot get your green card through a different U.S. Citizen) you should leave the United States before the 90 day fiance visa period expires.

If your fiance visa has expired but it has not been more than 180 days since expiration then you should be able to leave the United States without a 3 year bar on returning (or 10 year bar if it has been more than one year since the expiration) .  However, it will likely be much more difficult to obtain future U.S. immigration visas as a result of not timely leaving the U.S.

If it has been more than 180 days since your K1 visa has expired  absolutely consult with an immigration attorney prior to leaving the United States.

If You Will Be Marring the U.S. Citizen

If you have merely been delayed, but you still plan on marrying the U.S. Citizen, you should be able to still move forward with marriage and the adjustment of status process in the U.S. in order to get your green card (you will though be in the U.S. illegally after this 90 day period). However, again, if this is your situation, consult with an immigration attorney.

Not Marrying the U.S. Citizen Who Filed Your K-1

If you will not be marrying the U.S. Citizen who brought you to the United States then immediately consult with an experienced immigration attorney to go over your options.

Lawrence Gruner is a  Fiance Visa Attorney.  He has almost 20 years of experience handling Immigration cases throughout California, the United States and the World.  He may be reached toll-free at 888-801-6558 or attorneygruner@gmail.com    To learn more about fiance visas please read: Top 10 Things You Should Know About the Fiance Visa Process

This article is just a basic introduction to this topic.  Do not rely on this article only concerning your particular Immigration case. Every case is different. Laws do change and other laws may apply to your case. Please contact us or another competent Immigration Attorney.