Can the K-1 visa beneficiary marry another U.S. citizen?

Yes, A K-1 Visa Holder can marry anyone they choose; however, a K-1 visa beneficiary has unique restrictions placed on their status and entry into the United States. If a K-1 Visa Holder enters the U.S. and does not marry their Petitioning Fiance, they cannot adjust status and become a permanent resident based upon marriage to another US Citizen.  

When a K-1 enters the U.S., it is for the sole purpose of Marrying the I-129F Petitioner within 90 days from entry. Failure to marry the Petitioner within 90 days may complicate an Adjustment of Status Filing. However, the Petitioner can be married at any time and a Green Card Filing is permitted, since the underlying marital purpose was completed.

As a warning, overstaying a K-1 Visa may impose the 3 year bar or the 10 year bar on returning to the U.S. If the K-1 Visa Beneficiary marries another U.S. Citizen, the K-1 will usually be required to Exit the United States to attend a Green Card Visa Interview at a U.S. consulate.

If you have any concerns, you should speak with a local Immigration Attorney, or you may call Fickey Martinez Law Firm, P.L.L.C. at (910) 526-0066 or email at attorney@fickeymartinezlaw.com.

 

Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.