When a foreigner receives the k-1 fiancée visa, he or she has 6-months to use it to enter the United States. Upon entry, it converts to a 90-day stay. The couple must either marry within 90 days of arrival in the U.S. or return home. If the foreigner marries someone other than you “the petitioner” and tries to stay, then he or she will eventually be deported. The 90-day time for marriage cannot be extended. If you do not marry within 90 days, the foreigner must leave the U.S.A. or eventually be deported (with very few exceptions). The rules are strict.
While she is in the U.S. you are generally completely responsible for her financially, although we help limit your exposure. If for any reason you do not marry and she departs the U.S. within the 90 days, she will not be precluded from coming to the U.S. in the future on another K1 fiancée visa and you will not be precluded from again bringing her or another foreign fiancée to the U.S. on a K1 visa. While repeated K1 petitions raise suspicions of the USCIS, and require a waiver, we obtain dozens of “second” and even some “third” fiancée visas every year.
As long as your foreign fiancée enters the U.S. on a fiancée visa and you marry within 90 days, then she is welcome to remain in the U.S. and apply to become a U.S. permanent resident “green card” holder based on your marriage. Eventually, she can also apply for U.S. citizenship. The U.S. allows dual citizenship.
If you are interested in hiring us for your K1 fiancée visa, please give us a call. We do not charge for phone consultations as we believe it is the best way for us to learn about your situation and, more importantly, for you to develop a confidence in our level of expertise.