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As the title of this video suggests, we are asking the question, can a K-1 Visa holder marry somebody else? What are we talking about?

Well, unfortunately I've seen this happen. You will have a situation where somebody processes a K-1 Fiancé(e) Visa, they get their fiancé(e) to the United States, and for whatever reason the bloom of their love dies on the vine, the bloom falls off the rose, dies on the vine - don't mean to mix metaphors there - but it doesn't work out. And let's say this person meets somebody else in America, can they marry that person? Well they can marry them, but if you note on the documentation pertaining to a K-1 Fiancé(e) Visa, there is a specific name noted of the American fiancé(e). And if the foreign fiancé(e) - in this case let's presume it's a Thai fiancé(e) - decides to marry someone else, okay, they can marry them but they cannot use that to adjust status. 

So understand, you have to marry the person that you came to America to marry, ostensibly. It doesn't matter what the circumstances are, even if it's hey, we honestly, the relationship just came apart, it wasn't working, it was mutual, there's no ill will, she found somebody else, they want to get married, whatever - he or she found somebody else, they want to get married - fine. But again, they can get married, but the immigration documentation pertains to the person with whom that person came over to America with. So it's one of those you have kind of got to dance with the one that brought you kind of scenarios, because if you don't, okay you may be married to somebody else, but that's not a legal basis for adjustment of status in and of itself. 

Now there may be other ways to adjust status - again depending on circumstances - but by and large, legally speaking, that's probably not going to work out in terms of being able to adjust. That person may have to leave and reprocess a new visa to come back in to remain with their spouse that wasn't the person they intended to marry under the provisions of the K-1. 

This isn't often that this occurs, but it is something that needs to be noted and for those who run into these scenarios, it can be kind of complex. For those who find themselves a bit overwhelmed about all of the criteria associated with the K-1 Fiancé(e) Visa, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.