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The 90 Day Fiancée Visa

Transcript of the above video:

In this video today we are just going to briefly discuss just matters pertaining to the K-1 fiancée visa but just specifically the issue of the 90 window in the United States. I get this question a lot. Basically people say, “Look we’re going to the United States. What do I have to do after I get my fiancée in to the United States with his or her K-1?” Well the answer is you need to get married within that time frame and filing for adjustment of status needs to be undertaken during that time frame as well. Failure to do either of these in the 90 day period will result in problems, most notably, the fiancée needs to leave the united States prior to the 90 day mark if marriage is not going to happen or adjustment of status is not going to get filed. Well if a marriage has occurred, but the 90 mark is soon on the horizon, or its very quick, it’s probably a good idea to contact a legal professional such as ourselves or someone locally in your area in the United States with respect to dealing with the adjustment side. So long as the marriage has occurred, there are options with respect to maintaining status in the United States. But if a marriage doesn’t occur between the parties, between the petitioner and the beneficiary for the visa within the 90 time frame, that can be a problem and basically that individual, the K-1 visa holder, needs to leave the United States or else they’ll find themselves in overstay and overstay can result in later penalties most notably legal grounds of inadmissibility that will keep that individual from getting back into the United States. So some things to think about with respect to this 90 day period and some people have certain questions. “What happens if I don’t want to marry my fiance and I meet someone else in the 90 period?” The 90 day fiance visa is specific to the petitioner and the beneficiary; you can’t marry somebody else, in short. You have got to marry the person you came to the United States in order to marry, who the visa was issued for. That’s a bit of a misconception. It doesn’t happen very often thankfully, but it can. That being said, the 90 visa, again, if marriage has occurred within the 90 days, issues surrounding adjustment of status may be a little bit more flexible but it is imperative that the couple get married within a 90 day period within that 90 day period of that K-1 visa holder’s arrival in the United States.