1. The Limitations of K-1 Visa

The K-1 visa expires ninety days after the alien fiancé(e) enters the United States. Within that period, the alien fiancé(e) must marry the United States citizen petitioner, or face termination of her status and potential removal from the United States. If the alien fiancé(e) fails to marry the petitioner, the alien fiancé(e) will not be allowed to adjust his/her status in the United States from K-1 visa to immigrant status.

The law does not allow non-immigrant aliens to change to K status while they are in the U.S. It is solely available to those outside the U.S. for the purpose of family reunification with the U.S. citizens. Further more, K-1/ K-2 visa holders may not change to any other non-immigrant status while they are in the U.S.

If a person is temporarily barred from entering into the U.S. for previous violation of U.S. immigration law, she or he cannot use K-1/K-2 visa to enter into the U.S.

2. The Termination of K-1/K-2 Status

The K-1/K-2 status will be terminated when the alien fiancé(e) marries someone other than the U.S. citizen who petitioned for her/him. And K-1/K-2 nonimmigrants are required to leave the U.S. if the anticipated marriage does not take place within 90 days.

Besides the 2-year limit for the status, K-1/K-2 nonimmigrant status will be terminated 30 days after the denial of one of the following:

• The I-130 petition filed on the alien's behalf by the U.S. citizen petitioner;  

• The alien's I-485 adjustment of status application.      

The K-2 status will also be terminated when the alien turns 21 years of age or is married.

3. Children Who Are about to Reach 21 Years Old

If you have children who intend to immigrate with you to the United States, if any of your children will turn 21 within 60 days, please notify the U. S. embassy or consulate immediately. If visa will be available in your category prior to your son or daughter's birthday, your case will receive expedited processing in order to ensure that your son or daughter will be able to immigrate with you.

 

Failure to notify the U. S. embassy or consulate that you have a child who will turn 21 could result in that child being above the legal age at the time your visa is issued. In that event, you will be required to file a separate petition for your child after you immigrate, and your son or daughter will face a waiting period before he or she will be eligible for visa processing.