Can a K1 Fiancee Marry Someone Else?
The U.S. Court of Appeals for the second circuit affirmed that a K-1 who enters the US and later tries to apply for a green card on a basis other than marriage to the K-1 sponsor is ineligible to adjust his status.
Some US citizens fear that their foreign fiancées may use them to enter the USA and then abandon the relationship immediately and try to marry another. This holding upholds the law at 8 USC §1255 (d):
The Attorney General may not adjust, under [8 U.S.C. § 1255(a)], the status of a nonimmigrant alien described in [8 U.S.C. § 1101(a)(15)K)] except to that of an alien lawfully admitted to the United States on a conditional basis under [8 U.S.C. § 1186] as a result of the marriage of the nonimmigrant . . . to the citizen who filed the [K-1 visa petition].
If you have questions about your situation, please contact my law office.
Tags: adjustment of status, fiance visa, fiance visa interview, fiancee visa, green card, green card interview, k1, k1 visa