While it is unfortunate, it occasionally happens that when the a potential spouse comes to the US on a K-1 visa the two parties (or at least one of them) just don't click like they thought they would and decide not to go on together as man and wife (as different situation arises if the spouse arrives on a CR-1 marriage / spouse visa...but more on that later.
Ok, so the two of them are not going forward as man and wife. The situation is quite different depending on if the parties have married within the 90 days allowed for this or not. A K-1 visa is good for 90 days from the time the fiance enters the US on the visa. It expires after that 90 days if the parties have not married. The fiance must also file for an Adjustment of Status / Green Card within that first 90 days. . Obviously, if they do not marry the visa will expire and the foreign fiance must return to his/her country. This is also true of any children who may have come with the foreign spouse on a K-2 visa (not marry, return...but you knew that)
But what happens if they do marry; then, for whatever reason, they decide not to continue as man and wife. What now? Can the fiance, now wife/husband stay in the US? Can he or she divorce and stay? Can he/she apply for Adjustment of Status, work and travel permits ? What if he/she is sponsored by the US citizen spouse and adjusts status to a green card, has work and travel permits, but now wants a divorce.
The difference for immigration law, as it so often is in other phases of the law, is in the parties INTENT; so its really a case of "nothing but the facts"...oddly, no one really cares about who is right, wrong, hurt or angry...just the facts. More about this sad development later...
