The terms of the process, as we explain them are that the couple must marry within 90 days of the foreign fiancé or fiancée’s arrival in the USA, or the K-1 visa or any associated K-2 visa holders are to leave the USA. Those are the terms, and if there is not going to be a marriage, they should be followed.
However, if the marriage is simply delayed and ultimately is solemnized and legally recorded more than 90 days after the arrival, the couple simply does the kind of adjustment of status that is more costly in terms of government and consulting fees, and gets on with their lives together. In this situation, any “overstay” (past the 90 days) is simply “forgiven”, when the Conditional Permanent Resident Status is approved for the spouse of a US Citizen.
There are a number of common circumstances that could cause a couple to find themselves in this situation and we’ve dealt with them all. Some find, ninety days, simply not enough time to plan their wedding. Others, have second thoughts about whether to go through with the wedding, simply lose track of time, or forget about the requirement.
It is important that all couples involved K-1 visa or K-1 and K-2 visa processes, take the 90 day requirement seriously. Presumably, they did so, when they each signed their letters of intent to marry within 90 days of arrival, as part of their initial petition filing.
If a K-1 visa holder enters the USA, and never marries the petitioner, they have no legal status to remain in the USA after the 90 days, and cannot gain legal status by marrying a different US citizen. That’s one reason it is so important to take the relationship and the process very seriously from the beginning. Even so, sometimes unforeseen things happen. This can be devastating for the foreigner and any children who arrived with them.