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Marriage and Nullification of K-1 Visa Applications
Transcript of the above video:
As the title of this video suggests, we are discussing the K-1 Fiancé Visa, and we are discussing marriage and the nullification of a K-1 application. What are we talking about here?
Well Fiancé Visas are exactly what their name implies. They are only designed for someone who is not yet married but intends to marry their American sponsor. So, it is for people to go to the United States; they are given 90 days of lawful status, and during that time they can and if they want to adjust status to Permanent Residence, they must marry their American spouse, and it's interesting they can only marry their American spouse. I've done videos in the past talking about this but yeah, every once in a while, you'll see some, in my opinion, nefarious minded person that goes to the United States on a K-1 Visa and then diverts and wants to marry somebody else. Guess what? The K-1 Visa is designed for one and only one party; there's only one person on that dance card and that's the person that you intend to marry or express your intent to marry.
That being said, not diverging down like the track of fraud and abuse, but long story short yeah, you have to marry that person; you have got to do it within 90 days. What happens if you marry before the Visa is issued? Answer? The application is extinguished because you no longer meet the criteria; you are no longer seeking a Fiancé Visa because you are not anyone's fiancé, you are now married. It's a real problem. I've seen people make mistakes on this in the past where they think "oh, we are getting a Fiancé Visa to America, but we got married in this other jurisdiction. That's not how it works. The moment a marriage occurs, it extinguishes the ability to seek out that Fiancé Visa.
So that said, those who get a bit overwhelmed on do I get married first and seek a Marriage Visa or do I wait to get married, seek a Fiancé Visa, what's the best option? It may not be a terrible idea to contact a legal professional, gain some insight and guidance in to how best to proceed.