What if We Don’t Marry Within 90 Days on a Fiancé Visa?

13 Jul 2015

The K1 visa is valid for 90 days from the time the alien enters the U.S. That means, you’re expected to fulfill the visa’s purpose of getting married within this time frame. But, what if you don’t?

This is a common question we get that can add a lot of stress to anyone’s situation. There are a few different circumstances you might find yourself in this situation. You could have gotten married later than the 90 day fiance visa period, or you may have changed your mind about marriage altogether, and you’re now months past the visa expiration date.

So… What happens?

What if We Don’t Marry Within 90 Days on a Fiancé Visa?

1. We got married, but it was more than 90 days after entering the US.

The good news is that you are most likely able to still adjust your status in this scenario, if it’s within a reasonable amount of time, because you did enter the U.S. legally.

The bad news is that if you go over 90 days without marrying (ie. 90 days and 1 hour), you’ll have to submit form I-130 along with your adjustment of status. This will cost you an extra $420 in the form of the USCIS filing fee.

In addition to these, you may also need a new medical exam, and will be scrutinized by a consular officer about why you didn’t marry in time.

Try to avoid these “procrastination fees” and get married within your visa period.

Tip: If the date of the ceremony is an issue, consider getting married in court and having a nice reception at a later date. There is no reason to miss the 90 day deadline.

2. We decided not to get married because we simply had a change of heart.

Fair enough. This is not as uncommon as you might think. Hopefully, you will know this before the expiration, and can depart before the visa expires. Unfortunately, the alien will need to return to their country. If you go more than six months beyond the visa expiration, you may be banned from re-entering the U.S. for three to ten years. So it’s best to leave as soon as you know you’re not getting married. Unlawful presence in the U.S. can have life-changing ramifications.

Flow chart:

Disclaimer: The contents of this post were accurate to the best of our knowledge at the time of publishing. Immigration is constantly changing, and old information often becomes outdated, including procedures, timelines, prices, and more. Take note of the publish date. For archival purposes, these posts will remain published, even if new information renders them obsolete. Do not make important life decisions based on this content. No part of this post should be considered legal advice, as RapidVisa is not a law firm. This content is provided free of charge for informational purposes only. If anything herein conflicts with an official government website, the official government website shall prevail.

17 Thoughts on “What if We Don’t Marry Within 90 Days on a Fiancé Visa?

  1. It has been 6 months since I filed for the fiancé Visa. It’s frustrating for both of us to keep waiting. I live alone and miss my fiancée dearly

  2. Well it’s been a year for us but we have had delays both on her end (mom got sick the past)
    And Rapid visa here not being very Active in there role as Help? But we have also had luck
    With the waiting times e. g. If they said 4 to 6 months it’s always been the lesser times so far? About to finish ours and bring her home here! 😀

    • We’re glad that you’re close to having her here Eddie! I do see over 100 items in your customer file that indicate we’ve had a lot of support along the way so please do contact management if you feel we aren’t living up to your expectations of help. We’re always about improving.

      To all readers: We try to tell everyone some average timelines based on thousands of customer experiences, however, times vary and every case is unique. We’ve seen as quick as 2 months and as long as a year+. We can’t promise it will go without a hitch, but we’re with you through the journey and are your advocate. And the best part: We don’t even charge you by the hour like a lawyer 🙂

  3. What are the responsibilities of joint sponsor of I-134?
    My friend is willing to be our joint sponsor but she is asking what is the responsibilities of one. Can anybody help to explain the responsibilites of a joint sponsor of K-1 visa?

    Thank you for your help!

  4. We’re doing great with our process so far..way early to what we expect for the uscis to respond.our petition was approved in less than 3 mos!My fiance and l are so excited .. I’ll write more for our final journey.. Thanks in advance rapidvisa you’re awesome

  5. where shoul i go in order to find your office here in manila to personaly talk about applying the fiance visa?

  6. My boyfriend and I are trying to find a way for him to come to the US for a longer period of time, whether it be to try and find work or just to visit. We’re in a committed relationship and have been together almost a year, but we’re not quite ready for marriage just yet.
    I’ve looked into B2 visas but we don’t think he’ll be approved as he’s younger, doesn’t own property yet, etc. as well as skilled worker visas (he’s an architect), but I’ve read these are increasingly difficult for these to obtain.
    I’ve been considering a fiancee visa, but I’m wondering what happens if after the 90 days we’re not married and he just goes home or is able to obtain a different sort of visa? Is he ever able to get another visa? K1 or otherwise? If anyone could provide insight or any suggestions of what we might do otherwise, I would really appreciate it!

  7. Hi gud day i wanna ask question like example me and fiance we decided not to marry each other then i still have more time staying here in USA then i found someone willing to marry it is ok to marry the new guy that i found here in USA even he is not the one my petitioner it is possible?

  8. i heard you can’t do that. you must marry the petitioner. if you don’t marry the petitioner, they will not accept you for a visa.

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