Can an alien in K-1 status who fails to marry their fiancée adjust status based on employment?

An alien in K-1 status, commonly known as a fiancé(e) visa, is granted this status specifically to enter the United States for the purpose of marrying their U.S. citizen sponsor. The terms of the K-1 visa are contingent upon a marriage to that U.S. citizen within 90 days of arrival. If the K-1 visa holder fails to marry their fiancée during this time period, they lose the basis for their K-1 status.

Under immigration law, this individual cannot adjust their status based on employment because their initial entry into the U.S. was solely for the purpose of marrying the U.S. citizen. The K-1 status does not provide any independent path to adjustment of status or employment-based visas if the marriage does not occur. Thus, unless they marry their fiancée or gain another valid status, they do not have the legal basis to pursue adjustment of status for employment or for any other reason.

This framework highlights the specific limitations placed on K-1 visa holders regarding their status and the requirements that must be fulfilled for them to maintain lawful status in the U.S.