What Happens If You Don’t Get Married After Entering the U.S. on a K-1 Visa?

The K-1 visa, commonly referred to as a “fiancé(e) visa,” allows a foreign national engaged to a U.S. citizen to enter the United States for the purpose of getting married. One of the core conditions of this visa is that the couple must marry within 90 days of the foreign fiancé(e)’s arrival. Only then can the foreign national apply for a green card (lawful permanent residence) through Adjustment of Status (Form I-485).

But what happens if the marriage doesn’t occur—or if the foreign national marries someone else instead? U.S. immigration law addresses this scenario very clearly and strictly: if the marriage to the U.S. citizen petitioner does not take place, the foreign national is barred from adjusting status.

Governing Law: INA § 245(d)

The following is the official language from the Immigration and Nationality Act:

INA § 245(d)

“The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 1101(a)(15)(K) of this title except to that of an alien lawfully admitted to the United States on a conditional basis under section 1186a of this title as a result of the marriage of the nonimmigrant... to the citizen who filed the petition to accord that alien's nonimmigrant status...”

This means that a person who enters the U.S. on a K-1 visa can only adjust their status to a green card holder based on a marriage to the very U.S. citizen who petitioned for their K-1 visa. If that marriage does not occur, or if the person marries someone else, they cannot adjust status inside the United States.

Practical Consequences

  • If the K-1 visa holder does not marry the U.S. citizen petitioner within 90 days, their lawful status expires, and they begin accruing unlawful presence.

  • Even if the foreign national later marries someone else, they cannot apply for a green card from within the U.S. through that marriage.

  • Change of status to another visa category is not permitted for K-1 visa holders.

  • Exceptions exist in rare cases, such as VAWA (for victims of abuse) or asylum, but these are highly specific and fact-dependent.

  • Accruing more than 180 days of unlawful presence can lead to three- or ten-year bars to reentry after departure.

Conclusion

The K-1 visa is a narrowly defined visa category that allows entry to the U.S. solely for the purpose of marrying the U.S. citizen petitioner within 90 days. U.S. immigration law applies this rule very strictly. If the marriage does not occur, or occurs with a different person, adjustment of status is prohibited, and the foreign national is subject to removal and long-term immigration consequences.

Anyone in this situation should consult with an experienced immigration attorney immediately to understand their options and avoid serious legal issues related to unlawful presence or future inadmissibility.

related articles