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K1 Visa Thailand- What if I Will not Marry My Thai Fiancée within ninety Day

21st February 2011
By Nicolas Gutierrez in Immigration Law
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The objective for your issuance of K1 visa Thailand or US fiancé visa is always to permit the Thai fiancée to travel for the U.S. to marry her US citizen fiancée within ninety days from entry for the United States.
After the marriage celebration was accomplished the Thai partner can file a petition for adjustment of status to a conditional residency. However, in situation circumstances did not allow them to marry inside the prescribed period, specific consequences has to be faced by equally parties.

On the part of the Thai Fiancée --
The K1 visa issued in the US Embassy in Thailand will immediately expire right after ninety days from entry and its validity may not be extended. If the K1 holder (Thai fiancée) didn't marry the petitioner (US fiancé) who filed the Petition for Alien Fiancé in favor of her, she could possibly be immediately eliminated from your US.

If K2 visas had been issued in favor of the Thai kids of your K1 holder, their visas may also be deemed revoked. They are going to also have to leave the US to avoid facing deportation or removal.

Even though the K-1 Visa holder marries one more US citizen other than the petitioner, she will nonetheless should depart. Her husband may have to file another petition in the United States Citizenship and Immigration Services (USCIS) to allow her to enter the US and consequently alter her status.

To the US Fiancé's aspect --
The US citizen fiancé can also be affected from the non-celebration with the marriage. The consequence is really to the long term petition for alien fiancé he will file. Under the International Marriage Broker regulation Act (IMBRA for brevity), US citizens are only allowed to get two authorized Petitions for Alien Fiancé Visa at any time.

Getting so, the US citizenship holder fiancé, if he this can be currently his 2nd comparable petition, he may possibly already be barred from filing another petition unless there was a waiver granted from the USCIS.
Even when the situation could be the initial accepted petition, the US citizen Fiancé might not file yet another petition of equivalent nature within the next two many years counted through the submitting date with the accepted petition.
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