FAQ Questions

 

How do I Know If I Qualify for a Fiancee Visa?

If you petition for a fiancé(e) visa, you must show that:

  • You (the petitioner) are a U.S. citizen.
  • You intend to marry within 90 days of your fiancé(e) entering the United States.
  • You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
  • You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver: 1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s culture or social practice. 2. If you prove that the requirement to meet would result in extreme hardship to you.

What Happens After the Fiancé(e) Visa is Issued?

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application.

Can My Fiancee Work When He/She Is Admitted To The U.S. with the K1 Fiancee Visa?

After admission, your fiancé(e) may immediately apply for permission to work by filing a for an application for employment I-765 with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would need to adjust his/her status.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) must leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

We want to make plans for our wedding. How long will this process take?

Each case is different, please check the current processing times for the I-129F petition, see the  processing times by going to uscis.gov and click on processing times.  The fiancé(e) petitions are done in the order that the USCIS receives them.. Once approved your petition is then forwarded to the National Visa Center (NVC). The NVC will then send the petition to the U.S. Embassy or consulate, which will need time to process your fiancé(e) for a visa.

 

Should I Go To The United States On A Tourist Visa & Get Married There? A tourist or visitor visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. You should be aware that a visa does not guarantee entry into the U.S. The immigration officials at the port-of-entry have authority to permit or deny admission to the U.S. If they suspect that you are attempting to immigrate to the United States on a tourist visa, they have the authority to deny you admission. If you do enter the United States on a tourist visa and get married, you may still encounter difficulties when you attempt to adjust your status to become a legal permanent resident and you risk deportation.

Visa applicants will be grilled at the embassy interview? For the most part, Embassy interviews are routine unless there is a serious outstanding issue, most will pass the interview. However, Consular Officers ask more difficult questions or request additional evidence if they do not believe the intent to marry is real or the relationship is not bona fide or legitimate.

Do you have to show enough funds in her/his bank account to support the visa application? This may be true of non-immigrant visas, such as student and business visas. With a K1 visa, the issue is the financial ability of the petitioner and not of the visa applicant.

 

Once I enter the U.S. on a fiancée visa will I be a lawful permanent resident? If you enter the U.S. on a fiancé visa, you must marry within 90 days. If you do not, you must leave the United States. Otherwise, you will be in violation of U.S. Immigration Law and subject to deportation. After your marriage, you may apply for Lawful Permanent Residence. However, before that time, you are not a Lawful Permanent Resident.

 

Should I hire an immigration attorney to file for my k1 or cr1 visa?

Obtaining a U.S. visa is an administrative and not a legal process. This is simply a benefit request from your government, kind of like getting a driver’s license. No attorney has any type of special access to the process or can in any way give you an advantage if you are otherwise qualified. You will either qualify or you will not and no attorney or anybody else can change the facts of your situation. There is no judge or court involved, just a bunch of forms you send to a government office (USCIS).

Do I have to use the fiancée visa in 90 days? The K1 visa is usually valid for 6 months and allows you to enter the United States only one time. The K1 petition approval, from the USCIS, is valid for 4 months, which means the visa must be issued within 4 months of your USCIS approval. However, the consular officer can extend the USCIS approval for another 4 months and will routinely do this if it is not the fault of the applicant in delaying the process. Once the fiancé arrives in the U.S., the couple must get married within 90 days. This 90 day period cannot be extended.

Do my children have to come to the interview? If children are included in the petition and seeking a K2 visa, they must attend the interview with you. This includes newborns. They will also be required to have the medical exam.

 

 

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