Well, the short answer to this question is NO! After a successful petition, there are still more regulations to adhere to in order for your fiancé to stay in the country legally. Let’s take a look at what happens after your fiancé is granted their K-1 visa.
We’ve Got the Visa…What Happens Next?
Once the K-1 visa is issued, and your fiancé has it in hand, they may enter the United States. You have 90 days to get married. It’s up to you to decide when the marriage will take place, but if your fiancé intends to live in the United States with you after the marriage, it’s better to tie the knot sooner, rather than later.
Staying in the United States after the marriage will require an “Adjustment of Status” Application (Form I-485). This should be filed as soon as possible after the marriage so that it can be under way before the K-1 visa expires.
What Happens if We Go Over 90 Days Before We Get Married?
Well, waiting more than 90 days to get married after your fiancé enters the U.S. is not a good strategy at all. Your K-1 visa cannot be extended. Your fiancé needs to leave the United States at the end of 90 days. If they stay, they will be in violation of U.S. immigration law. They will face deportation, and the violation might make it difficult to be eligible for immigration petitions filed at a later date.
Can We Re-Apply for a K-1 Fiancé Visa?
If you need more time to think, or you are unsure whether the marriage should take place, just be certain to follow the law in these circumstances. As long as the law is adhered to, there is nothing to stop you from filing another petition at some point in the future.
You must, however, start from scratch, file the I-129F petition, follow the procedures, and pay the fees again. There is no process to extend the K-1 visa beyond the 90-day rule.
Where Can We Go for Help If We Need It?
Because the process is a little bit complicated, make sure you do plenty of research and understand the requirements before you begin the process of filing for a fiancé visa. Get all your forms together and make sure that you have all the documentation you will need to provide to show evidence of your relationship. Understand that it takes, on average, six months or more to obtain the visa. In some cases, where there are issues or complications, it may take more than a year.
If all this information has you feeling overwhelmed, you always have the option of hiring a reputable immigration attorney. They will make sure that you have everything in order, and make sure that you have the best chance of a great outcome. Sometimes, it’s reassuring to know that the process is working and that everything has been completed correctly.If you’re unsure of your fiancé’s eligibility, work with your fiancé visa attorney to improve the odds of getting your marriage off to a good start and without delays.