K-1 Fiance Visa Frequently Asked Questions
Below are the some answers to questions that are often asked regarding the K-1 visa.
1) Can my fiance work?
A k-1 is a non-immigrant
visa so your fiance will need to adjust status and apply for a work permit in order to be able to work.
2) Can my fiance leave the
country?
K-1 visas are single entry visas. This means that your fiance can only enter the US once on the K-1 visa. You fiance can
leave the US at any time, but without a legal permanent residence status or advance parole your fiance may not be able to reenter.
3) How long do we have to get married?
You have 90 days to get married on the K-1 fiance visa. Take into account, that you may have
to wait a few days or more to get the marriage license, so don't wait until day 90 to get married.
4) What if we don't get married
in 90 days?
Your fiance will need to adjust status through a different, more costly process.
5) I have petitioned for a fiance in
the past. Can I still bring this fiance?
There is a limit of 2 k-1 visa petitions unless the previous petitions were for the same
fiance or the fiance died.
6) Can my fiance or I bring other relatives (parents/siblings/etc)?
No, your fiance cannot bring anyone
other then children until s/he is a citizen. You cannot petition for your in-laws.
7) How long does a fiance visa petition take?
Times
vary based on many factors, but a safe fiance visa timeline is about 8-10 months.
8) Can I get married on a tourist visa?
Terrible
idea.
9) What is my chance of being denied?
Overall, about 15% of cases are denied by USCIS. You chance of approval or denial depends
on your risk factors and careful preparation of your petition and inerview.
10) What are the
grounds for denial of the fiance visas?
How Can I Bring My Fiance's Children?
1) Unmarried Children under 18 can enter as derivatives on the K-1 Visa
2) They become K-2 visa holders.
3) Your fiance must have permission of the other parent or a court order to obtain the K-2 visa
4) You do not file a separete intial petition
5) K-2s must adjust status after entering the US.
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