If a person comes into the country on a Fiancee Visa, and is now divorcing, are they allowed to stay in the country?

Question

If a person comes into the country on a Fiancee Visa, and is now divorcing, are they allowed to stay in the country?

Answer

If the foreign fiance married the U.S. petitioner, and was granted U.S. Conditional Residency, then the foreign national can remain in the U.S. for up to two years (pursuant to the terms of the conditional residency). See: www.uscis.gov at "Form I-751" for more details.

If the foreign fiance was never granted U.S. conditional residency, then he/she is not permitted to remain in the U.S., he/she cannot change status in the U.S., & he/she cannot adjust status in the U.S., even if he/she marries another U.S. citizen in the future.