The K-1 visa offers a path for engaged couples to start their lives together in the U.S. It’s exciting, nerve-wracking, and full of paperwork. But what happens if things don’t go as you planned? If you’ve heard about the “k1 visa divorce 10-year rule​,” you might feel confused or even worried. No worries because we will cover everything you need to know, including what happens if the relationship ends at different stages. By the end, you’ll feel more confident and know what steps to take if things don’t work out.
What is the K1 Visa Divorce 10-year Rule?
The K-1 visa divorce 10-year rule allows a foreign spouse to apply for a green card after divorce if they prove the marriage was genuine. Conditional green cards last two years, and couples must file a joint application to remove conditions. If divorced, the foreign spouse can apply for a waiver to avoid deportation. A permanent green card holder’s divorce won’t affect renewal, but naturalization requires five years instead of three. Divorce doesn’t end the U.S. citizen’s support obligation under Form I-864 until the foreign spouse works 40 quarters, becomes a citizen, or leaves the U.S. permanently.
What Happens If You Break Up on a K-1 Visa?
Breaking up while on a K-1 visa can lead to different legal situations. It depends on the time that the couple gets a divorce. Let’s take a look at all the situations from the time that the foreign fiance hasn’t come to the U.S. up to the K1 visa divorce 10-year rule​:
Breaking Up Before Entering the U.S. on a K-1 Visa
If the relationship ends before the foreign fiancé(e) enters the U.S., the visa process stops right away. The foreign fiancé(e) won’t receive the K-1 visa and won’t be allowed to enter the U.S. The foreign fiance cannot do much, honestly. The process ends on its own. They can take some time to heal, knowing they won’t face any legal penalties for a relationship that didn’t work out.
The U.S. citizen petitioner needs to contact USCIS and officially withdraw the K-1 visa petition. A simple letter explaining the breakup should do the trick. If the U.S. citizen doesn’t withdraw the petition, it may cause confusion later. For example, future visa applications might raise questions about this incomplete process.
Breaking Up After Entering the U.S. but Before Marriage
K-1 visa holders must marry their U.S. citizen fiancé(e) within 90 days of arrival. It is a must because if the relationship ends and there’s no wedding, everything will fall apart. The U.S. citizen must notify USCIS about the breakup. This ensures the K-1 visa can’t be misused.
Also, the K-1 visa holder must leave the U.S. before the 90 days expire. Staying longer means “overstaying,” which can create big problems for future visas or green card applications. The consequences of overstaying even by a few days can hurt your chances of getting any future visa. Overstay for months, and you could face a multi-year ban from entering the U.S.
Breaking Up After Marriage but Before Adjusting Status
If married, the foreign spouse must file Form I-485 to adjust their status for lawful permanent residency. If the marriage ends before filing, the foreign spouse loses their shot to a green card. The U.S. citizen needs to file a notice with USCIS to close the case and prevent any fraud claims.
The foreign spouse must leave the U.S. as soon as the marriage ends unless they qualify for another visa (work or student visa options). If the foreign spouse stays, deportation becomes a real risk. It also makes future applications harder for any U.S. immigration benefits.
Breaking Up After Filing for Adjustment of Status
This is the part where we get to the K1 visa divorce 10-year rule. If the couple divorces after filing Form I-485, the situation changes based on the type of conditional green card the foreign spouse holds. A 2-year conditional green card has different rules compared to a 10-year permanent green card.
K1 Visa Divorce 2-year Rule
- What should the foreigner do? Prove the marriage was real. Collect evidence like wedding photos, text messages, and shared bills. Show USCIS that you didn’t marry just to get a green card.
- What should the U.S. citizen do? The U.S. citizen may need to provide documents if the foreign spouse files to remove conditions. However, they aren’t responsible for proving the marriage’s validity after a breakup.
- How much time do you have? The foreign spouse must file to remove conditions within the 90-day window before the card expires.
USCIS will dig deep to ensure the marriage wasn’t a fraud. If they suspect it was fake, the green card gets denied, and the foreign spouse faces deportation.
K1 visa divorce 10-year rule
- What should the foreigner do? The foreign spouse doesn’t need to prove the marriage anymore. Based on K1 visa divorce 10-year rules, a divorce doesn’t affect their ability to keep the 10-year green card. They can renew it as long as they meet the normal requirements.
- What should the U.S. citizen do? The U.S. citizen has no legal responsibilities tied to the green card at this stage.
- How much time do you have? The foreign spouse must renew their green card every 10 years but doesn’t need the U.S. citizen’s involvement.
K1 visa divorce 10-year rules don’t jeopardize the green card status. However, the sponsor may still have financial responsibilities if the foreign spouse uses public benefits before completing the 10-year work requirement. We will talk more about it later.
How Long Are You Financially Responsible for Someone on a K-1 Visa?
Financial responsibility for a K-1 visa holder doesn’t end with a breakup. The U.S. citizen sponsor takes on certain obligations when filing for the visa, and these don’t disappear overnight. Let’s break down K1 Visa financial support after divorce by situation:
Breaking Up Before Entering the U.S.
The sponsor isn’t legally responsible for the foreign fiancé(e) because the financial obligations tied to the K-1 visa were never activated. Therefore, there is no lasting financial responsibility because the foreign fiancé(e) never arrived in the U.S.
Breaking Up After Entering the U.S. but Before Marriage
The sponsor’s formal obligations end with the breakup, and the sponsor isn’t obligated to provide any more financial support. However, since the K-1 visa holders cannot work legally in the U.S., they may face financial hardship if left without resources. Sponsors often feel a moral obligation to help, but it’s not legally required.
Breaking Up After Marriage but Before Adjusting Status
Once married, the sponsor’s financial responsibility begins because the U.S. citizen signs an affidavit of support (Form I-864). This document legally binds the sponsor to provide financial support to the foreign spouse until specific conditions are met.
The obligation ends only when:
- The foreign spouse becomes a U.S. citizen.
- They work for 40 qualifying quarters (about 10 years).
- They leave the U.S. permanently.
- They pass away.
Note: Divorce does not end this obligation, which surprises many people.
Breaking Up After Filing for Adjustment of Status
K1 visa divorce after the green card process initiation comes with complications. The sponsor’s financial responsibility depends on the green card type because 2-year and K1 visa divorce 10-year rules vary. However, the obligations under the Affidavit of Support (Form I-864) remain. Let’s break it down:
Financial Responsibility Under K1 Visa Divorce 2-year Rules
The sponsor remains financially responsible, even if the couple divorces. This means the U.S. citizen must ensure the foreign spouse doesn’t need public benefits, like Medicaid or food stamps. The obligation continues until the foreign spouse works 40 qualifying quarters (about 10 years), becomes a U.S. citizen, permanently leaves the U.S., or passes away. Divorce doesn’t end this responsibility.
Financial Responsibility Under K1 Visa Divorce 10-year Rules
The sponsor’s obligation doesn’t stop after a divorce, and the sponsor must still cover the financial support required under Form I-864. This ensures the foreign spouse doesn’t rely on public benefits. The financial responsibility lasts until the foreign spouse meets one of these conditions:
- Works for 40 quarters (about 10 years).
- Becomes a U.S. citizen.
- Permanently leaves the U.S.
- Passes away.
K1 Visa Divorce Rules: Let’s Recap
If you break up during the K-1 visa process, you’re not just dealing with heartbreak but also legal challenges. It is especially bold if the foreign spouse files for the Adjustment of Status (green card) and K1 visa divorce 10-year rules apply to their case.
Not every relationship works out, and that’s okay. What matters is how you handle the process. Stay informed, stay calm, and know you’re not alone in navigating these challenges.
Got more questions? Contact Visa Library to ask—this process is tricky, but we’ve got your back!
FAQs about K1 Visa Divorce Rules
How many K-1 visas end in divorce?
Around 20% of K-1 visa marriages end in divorce, which is lower than the general U.S. divorce rate.
Can you divorce after a K-1 visa?
Yes, you can divorce at any time. However, it may affect the foreign spouse’s immigration status, especially if they don’t have a permanent green card yet.
What happens to my assets if I divorce my foreign spouse?
Dividing assets depends on state laws. Some states split marital property 50/50, while others consider who contributed what. A lawyer can guide you.
How long do you have to stay married on a K-1 visa?
There’s no requirement to stay married. However, if the foreign spouse has a conditional green card, they must prove the marriage was real to keep their status.
How to withdraw an Affidavit of Support after divorce?
Unfortunately, you can’t withdraw the Affidavit of Support. It remains valid until the foreign spouse works 40 quarters, becomes a U.S. citizen, or leaves the U.S. permanently.
