Published: December 22, 2025
Are you entering the US to marry a US citizen? Being engaged to a US citizen may qualify you to travel to the US on a K-1 visa and marry within 90 days of admission. Otherwise, you will be required to depart the country.
A common question among K-1 visa holders is whether they can leave the US after marriage without filing for adjustment of status (AOS). It’s worth noting that the validity of the K-1 visa is limited to 6 months from issuance and is intended for a single entry. Therefore, traveling abroad without submitting a US residency application can have significant implications.
This post outlines the risks for K-1 visa holders leaving the US without filing for AOS. We’ll also walk you through the essential practical steps if you intend to travel abroad before becoming a lawful resident in the US.
K-1 Visa Overview and Travel Restrictions
A K-1 visa enables US citizens and their foreign-born partners to reunite for marriage in the US. The non-U.S. citizen fiancé(e) must comply with the rules and restrictions on K-1 visas after entry into the US.
For instance, the K-1 visa is only valid for a single entry to the US, so you cannot use the same visa to reenter the country if you travel abroad. Moreover, you can remain in the country only if you marry a US citizen who sponsored your visa. It’s required to marry within 90 days of entering the country, and no extension is permitted.
Failure to get married within that timeframe constitutes a violation of your nonimmigrant status.
Suppose no marriage occurs. You won’t be eligible to stay in the US. Instead, you must leave the country immediately to avoid violating your status and facing removal proceedings.
Importance of Filing for AOS and Obtaining Advance Parole
You can begin the process to become a lawful permanent resident (LPR) after getting married. To do so, you must file the Application to Register Permanent Residence or Adjust Status as soon as possible. This means obtaining a US green card without returning to your country of origin to complete visa processing.
Initially, K-1 visa holders are subject to restrictions when traveling abroad. Even after getting married and submitting your adjustment of status (AOS) application, any departure from the US without permission can jeopardize your lawful status. The US Citizenship and Immigration Services (USCIS) may consider it an abandonment of your AOS application.
Suppose you need to leave the country temporarily while your AOS application is pending. You must secure an Advance Parole. It’s a document that allows you to travel abroad without abandoning your green card application. The easiest way to apply is to include it in your AOS application, whether or not you intend to travel.
Know the K-1 Visa Adjustment of Status Process With ALG Lawyers
Mistakes in the AOS process can cause delays and denials. In some cases, it can result in forced departure from the US. A consultation with an experienced Los Angeles immigration lawyer can help ensure proper filing and compliance.
ALG Lawyers provides personalized legal assistance, from assessing your situation to handling the paperwork and monitoring your case until its approval. Call our team now for a one-on-one discussion of your immigration concerns.
FAQs on Can You Leave the US after Marrying on a K-1 visa Without Filing for AOS
What happens if you fail to marry within the required 90-day period?
You will lose your lawful status if you do not marry within 90 days of admission on a K-1 visa. Leaving the US immediately is also necessary to prevent the accrual of unlawful presence. Otherwise, you can face deportation proceedings or inadmissibility bars in the future. Although some cases may qualify for a short extension, it requires solid evidence.
What steps can you take after receiving a denial notice?
Understand the reasons specified in the denial notice, whether it’s due to procedural errors, insufficient evidence, or others. After reviewing the notice, provide additional documentation to address the problems indicated in the denial. Then decide whether it’s appropriate to reopen or reconsider with USCIS within 30 days.
Is a separate petition required for the dependent children of a K-1 visa applicant?
You don’t need to submit a separate petition if they are listed and qualify as dependents on the original K-1 visa application. They must also enter the US before the K-1 visa expires. After your marriage, each dependent child must adjust their status concurrently with your application.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)