Can a K-1 Visa Holder Marry Another?

Relationships do not always work out the way that people expect.  Sometimes individuals enter the United States on the K-1 visa, but do not marry the K-1 petitioner.   This is often because a couple decides that they do not wish to be married.

In these instances, the K-1 status holder sometimes either intentionally or unintentionally remains in the United States.  Often this is because he or she does not have the ability to leave the United States due to lack of funds.   As time goes by, the K-1 beneficiary eventually finds another person whom they fall in love with and decide to marry.

When this happens, the question immediately arises, can the K-1 visa beneficiary marry another U.S. citizen?

The INA specifically states that a K-1 visa beneficiary cannot adjust status and become a permanent resident based upon marriage to a person other than the original K-1 visa petitioner.  INA 245(d).

 

 

 

Comments are closed.