“Can you marry someone else on a fiancé visa?” is not the question that you should be thinking about at the time of your engagement. Unfortunately, things do not always go as planned and you may find yourself in a situation where you are contemplating getting married to someone else.
Understanding the Purpose of the Fiancé Visa
The sole purpose of the fiancé visa is for you, to come to the United States to marry a specific person, within 90 days of entry. You must have the intention of marrying the person who petitioned for you. If however, you entered the United States on a K-1 visa and you realize that marrying the petitioner would not be the right decision, you are not without options.
What are My Options if I Don’t Marry My Fiancé?
The fiancé visa is valid for six months, however you are authorized to stay in the United States for 90 days. If within the 90-day period, you decide not to go through with the marriage, you can return to your home country, without penalty. If you remain in the United States beyond the period of authorized stay, you will begin to accrue unlawful presence. Individuals who accrue more than 180 days, but less than one year, of unlawful presence are barred from being re-admitted or re-entering the United States for three years; those who accrue more than one year of unlawful presence are barred for ten years.
Living in the United States after your period of authorized stay has expired makes you susceptible to deportation. If you encounter Immigration and Customs Enforcement (ICE) agents, you may be detained and issued a Notice to Appear in immigration court. You should not be looking to marry someone else to save you from immigration consequences. However, if you genuinely fall in love with someone and the relationship is heading towards marriage, the immigration issue can be resolved.
You will not be eligible to adjust status in the United States, if you marry someone other than the person who sponsored you for the fiancé visa. Instead, you can pursue a green card through consular processing. This means that you will have to attend the immigration interview in your home country.
What is the Immigration Process for My Second Engagement?
After the wedding to your second fiancé, he/she will file an I-130 petition to establish the validity of the marriage, in the eyes of the United States government. If the I-130 petition is approved, it will be sent to the National Visa Center (NVC), en route to the appropriate United States embassy/consulate that you indicated on the form.
You will not be entitled to a work permit while the I-130 application is pending or even after it is approved. It takes about six (6) months for United States Citizenship and Immigration Services (USCIS) to make a decision on the I-130 petition.
Once the NVC has received your file and you have paid the appropriate fees, you will need to apply for a I-601A Provisional Waiver of Unlawful Presence. This is for you to be able to gain re-entry to the U.S. after your interview. You will ave to prove that y have a qualifying relative so will suffer extreme hardship if the waiver is not granted. It is very important that you do not leave the United States without the waiver, otherwise you could be stuck outside of the country, depending on how long you overstayed.
Assuming that waiver is approved, the U.S. emabassy/consulate will schedule an interview for you to attend in your home country, once an immigrant visa is available for you. If your spouse is a U.S. citizen, the visa is available immediately. If your spouse is a LPR, you will have to wait for a visa to be available according to the category and the county of chargeability in the U.S. Visa Bulletin.
If all goes well at the interview and the immigration officer approves your application, you will be issued a machine-readable immigrant visa (MRIV), which usually has the following text on it: “UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR.” You will present this visa at the border, to return to the United States, as a lawful permanent resident.
K1 Fiancé Visa Attorney
Cheryl Fletcher is an immigration attorney in Palm Beach Gardens, Florida. In consultations with potential clients, she is frequently asked, “Can you marry someone else on a fiancé visa?” Her approach to this question, is to take the time to explain to potential clients their options and the risks involved with this course of action. If you would like to get in touch with Attorney, Cheryl Fletcher , please call 561-507-5772 to get a fast consultation or fill in the contact form on the website: http://www. lawyerfletcher.com and we will call you right away.