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ResourcesVisa & Immigration LawUS Immigration LawNegation Of K-1 Fiancée Visa Status By Marriage?

Negation Of K-1 Fiancée Visa Status By Marriage?

Transcript of the above video:

As the title of this video suggests, we are discussing negation of K-1 status, that's K-1 Fiancé Visa status by marriage. What are we talking about here? Well if you petition for a K-1 Visa, so you apply and the case is processing and you get married in the interim, it basically kills the K-1 case. As a further point, no, divorcing shortly after the marriage doesn't somehow bring it back online. No, the marriage negates the Fiancé Visa because it is no longer applicable, the law is no longer applicable to you. 

Another question that sometimes comes up is "oh we have gotten our K-1 issued, we haven't used it yet but we want to get married abroad before travelling into the United States. Again, no, that negates the K-1; it negates the status upon which you were seeking lawful entry into the United States and subsequent Adjustment of Status therefrom. 

So the thing to understand the thing to take away from this video is if you file for a K-1 visa and you decide to get married in the interim, that is going to destroy the K-1 status itself, it extinguishes it at the moment the marriage is solemnized. 

So again if you are going down the track to K-1s, this is sort of the same vein as a prior video I did where you need to make up your mind what you are going to do. You can't really change horses in midstream, without creating further delays and then further costs and resource allocation, or resource outlay I should say, in order to go ahead and proceed with getting a Marriage Visa thereafter because you have seen your K-1 status extinguished.