A K-1 fiancé visa cannot be renewed. You are expected to get married within 90 days or leave the United States.

But if something happens and you weren’t able to marry within the 90 days, go ahead and marry (if the marriage is still what you want). As long as USCIS hasn’t caught up with you before you’re ready to submit the application, you should be able to apply for your green card through normal procedures, as explained below.

a. Filing Late for Your Green Card

If you marry after the 90 days permitted by your fiancé visa, your spouse will have to submit an I-130 visa petition on your behalf. (It’s similar to Form I-129F, but for married couples.) Because you’re already legally in the U.S., however, the I-130 can be submitted with the rest of your green card application at a local USCIS office. Form I-130 shows your eligibility to immigrate (this time as the immediate relative (spouse) of a U.S. citizen, rather than as a fiancé) and your spouse’s willingness to support your application. (Instructions for preparing the I-130 as the spouse of a U.S. citizen living in the United States are included in Chapter 11.)

Another consequence of marrying after the 90-day expiration of your visa is that you will be living in the United States unlawfully. Although this is a serious concern, it is unlikely that USCIS will search you out anytime soon. They have higher enforcement priorities than going after people who will ultimately have the right to a green card, but are simply late in applying for it.

CAUTION

Don’t even think of leaving the United States if you’ve stayed six or more months past the expiration date on your fiancé visa. If your 90 days is up and you still haven’t filed your green card or adjustment of status application, you are in the United States unlawfully. However, leaving the U.S. and starting the process over could be the worst thing to do at this point. If you have stayed in the United States more than six months beyond your visa expiration date, leaving would subject you to laws preventing your return for three or ten years. (See Chapter 2, Section A.)

b. Filing in Immigration Court for Your Green Card

If you’re late in getting married and turning in your green card application, and USCIS does catch up with you and places you in removal proceedings, it’s not a complete disaster. You can apply for your green card in Immigration Court. The application paperwork is mostly the same. However, the law requires the judges to look even harder at your case than a USCIS officer would. That means you will have to do extra work to convince the judge that despite your late marriage, this marriage is bona fide, not a sham.

SEE AN EXPERT

If you’re called into Immigration Court, you’ll need a lawyer’s help. Going to court requires some knowledge of official court procedures, and the lawyer can help you prepare extra evidence that your marriage is bona fide.