Not marrying on k1 visa

[Van jones 11]

Can the k1 visa holder marry someone other then the person that petitioned them? I see on other groups on Facebook were people are inquiring about the process to adjust the status of a work, visitor, or student visa to a immigrate visa mostly through marriage. I always thought that this was against the rules. So it makes me wonder the same about the k1. I research on Google and of course the answer is no, but im wondering if people are actually getting around this rule.

[Adventine 3,196]

Nope. K1 visa holders must marry the person who petitioned them. They cannot adjust status by marrying another US citizen. The petitioner's name is even printed on the K1 visa.

[Unlockable 7,314]

1 hour ago, Van jones said:

Can the k1 visa holder marry someone other then the person that petitioned them? I see on other groups on Facebook were people are inquiring about the process to adjust the status of a work, visitor, or student visa to a immigrate visa mostly through marriage. I always thought that this was against the rules. So it makes me wonder the same about the k1. I research on Google and of course the answer is no, but im wondering if people are actually getting around this rule.

Absolutely not. The K1 is very very strict. Probably one of the most strict IV process in immigration. If they do not eventually marry their petitioning US citizen, then they must leave the US or be indefinitely deportable. They can not even adjust status of a different US citizen if they marry them instead.

 

Don't get me started with Facebook groups and their "theories". 

[JeanneAdil 6,504]

not only are they suppose to marry the person who petitioned them/  they have 90 days to do this

someone trying this can not AOS and work in US 

 

The K1 beneficiary may only adjust to lawful permanent resident status under section 245 on the basis of his or her marriage to the U.S. citizen petitioner. INA 245(d); 8 CFR 245(c)(6). 

 

 

Thus, the K1 beneficiary's presence in the United States becomes unlawful if he or she has not married the petitioner within 90 days. The statute and regulations are clear that a K1 beneficiary cannot adjust status on any basis other than marriage to the petitioner.

 

Forget Facebook when it comes to immigration 

 

[nastra30 2,285]

2 hours ago, Van jones said:

Can the k1 visa holder marry someone other then the person that petitioned them? I see on other groups on Facebook were people are inquiring about the process to adjust the status of a work, visitor, or student visa to a immigrate visa mostly through marriage. I always thought that this was against the rules. So it makes me wonder the same about the k1. I research on Google and of course the answer is no, but im wondering if people are actually getting around this rule.

The k1 visa holder must marry the person who petitioned them within 90days of arriving in the US. Otherwise, this will open the immigration system to so much fraud.

[Boiler 45,494]

They can be petitioned but would need to go back home and go through consular processing 

[Rocio0010 5,579]

11 hours ago, Van jones said:

? I see on other groups on Facebook were people are inquiring about the process to adjust the status of a work, visitor, or student visa to a immigrate visa mostly through marriage.

This is different. Some people come on an F1 visa to study, and while they’re here, they meet someone and then eventually decide to marry. Same for work and tourist visas.

[TBoneTX 45,288]

The K-1 is a special animal.

[Demise 1,283]

12 hours ago, Van jones said:

Can the k1 visa holder marry someone other then the person that petitioned them? I see on other groups on Facebook were people are inquiring about the process to adjust the status of a work, visitor, or student visa to a immigrate visa mostly through marriage. I always thought that this was against the rules. So it makes me wonder the same about the k1. I research on Google and of course the answer is no, but im wondering if people are actually getting around this rule.

You can marry whoever but you can't adjust via marriage to anyone aside the person who got you the K-1. So if you do you pretty much have to proceed as if you entered without inspection - if you overstayed for less than 180 days, leave the country ASAP to not get a re-entry bar and if you overstayed for more than 180 days you'll have to do an I-601A waiver, then you'll have to do consular processing.

 

You can also likely do cancellation of removal, but that's a completely different can of worms.

Edited September 6, 2021 by Demise