What happens if you have a fiance visa and do not marry?

If a person enters the United States on a K-1 visa (fiancé visa) but ultimately does not marry the person who filed for the visa petition, there are several outcomes that can occur:

1. Remaining in the U.S.: The K-1 visa allows a 90-day stay in the U.S., during which time the visa holder is expected to marry their fiancé. However, if the marriage does not take place, the visa holder has options to remain in the country:

- Change to another visa status: If the visa holder is eligible for another type of visa, such as a work visa, student visa, or some dependent visas, they may apply to change their status while in the U.S. The requirements and procedures for changing visa status will vary depending on the specific visa category.

- Apply for asylum or other humanitarian protection: If the visa holder is facing dire circumstances or persecution in their home country, they may apply for asylum or other forms of humanitarian protection in the U.S. This option would require demonstrating that they meet the criteria for such protection.

2. Departing the U.S. If the K-1 visa holder does not marry their fiancé and does not find an alternative way to remain in the U.S., they must leave the country before the expiration of the 90-day period granted by the K-1 visa. Failure to depart within the permitted time could lead to overstaying, which has legal consequences, including potential ineligibility for future U.S. visas and potential removal proceedings.

It's important for K-1 visa holders to carefully plan their situation and be prepared for the possibility that the marriage will not take place. It is advisable to consult with an immigration attorney to understand the options and requirements related to changing visa status, pursuing alternative immigration pathways, or the need to depart from the U.S.