As background, the K-1 visa is for the foreign partner of a citizen of the United States. The foreign partner must reside outside of the U.S., be legally free and able to marry, have met the U.S. citizen partner in person within the previous two years (though some exceptions apply), and have no major criminal convictions in order to submit an application for a K-1 visa.
As you may know, with the K-1 visa you are required to marry within 90 days after entering the U.S. So today we’re here to discuss things you can and cannot do while on a K-1 fiancé visa so that you don’t violate the terms of your visa.
Things You Are Allowed To Do While On K-1 Visa:
1. As a K-1 visa holder, you have the option to pursue employment in the United States, but this requires obtaining a work permit post-entry.
2. You are eligible to acquire a Social Security number, which is essential for various purposes like applying for a credit card, employment, or enrollment in certain colleges.
3. Volunteering is permitted for K-1 visa holders, allowing you to contribute to your community or pursue personal interests.
4. You have the option to file taxes jointly with your U.S. Citizen spouse, provided you possess a Social Security Card or an Individual Taxpayer Identification Number (ITIN).
5. Traveling within the United States.
Things You Are Not Allowed To Do on a K-1 Visa:
1. Exiting the U.S. during the initial 90-day period is prohibited for K-1 visa holders. Upon marriage to the petitioning U.S. Citizen, you’re expected to remain in the U.S. and initiate the Adjustment of Status process.
2. Until you receive either the Green Card or the Advance Parole Document, international travel is restricted. Since the fiancé visa allows for only one entry into the United States, leaving and returning on the same visa is not permissible.
Client Experience
I previously had a client whose heart knew no bounds when it came to love. Dreaming of a life together with her fiancé in the United States, Emily embarked on the journey of obtaining a K-1 Fiancé Visa. However, amidst the excitement, she faced uncertainty about what she could and couldn’t do while on the visa.
Turning to our experienced immigration team for guidance, Emily found clarity and reassurance. We navigated her through the intricacies of the K-1 Fiancé Visa, outlining the possibilities and limitations with precision. Emily’s parents were doing a 50th anniversary around the expected time that her K-1 visa might be approved, so she was unsure of whether she should enter the U.S. before the anniversary and attempt to return, or enter after the anniversary.
With our assistance, she attended the anniversary and then entered the U.S. Emily embarked on her new life in the United States with confidence. She secured a Social Security number and an employment authorization document (also known as a work permit), allowing her to pursue employment and handle essential matters. Our team also helped her understand the nuances of traveling within the U.S. and the restrictions on leaving the country until she obtained the Green Card or Advance Parole Document.
Despite the challenges, Emily’s determination and our expert guidance paved the way for success. She embraced her new opportunities, navigated the visa’s requirements with ease, and embarked on a journey filled with love and promise alongside her fiancé.
Emily’s story is a testament to the power of knowledge and expert assistance in overcoming the complexities of immigration. With our help, she conquered the uncertainties of the K-1 Fiancé Visa, forging ahead towards a bright and fulfilling future with her now husband.
Bonus Information
As promised, here’s some bonus information that you may not know about:
The K-1 Fiancé Visa offers a pathway to love in the United States, but it comes with strict guidelines. Staying in the U.S. until you have international travel authorization is crucial. Failure to do so can lead to visa violations and complications.
1. Risk of Visa Violation: Failing to stay in the U.S. during the period as required by the K-1 Fiancé Visa constitutes a violation of the visa terms. This could have serious consequences, which would include not being able to enter the U.S. again until obtaining other authorization to enter.
2. Impact on Adjustment of Status: If the fiancé marries the petitioning U.S. Citizen but fails to stay in the U.S. without travel authorization, it may complicate the Adjustment of Status process. Remaining outside the U.S. could delay or jeopardize the ability to transition to permanent residency status, necessitating additional steps or legal proceedings to rectify the situation.
Thanks for tuning in today. Be sure to check the caption below this video. We’ve got questionnaires for different types of visas so that we can help you determine which visa is most appropriate for you. And if you’re traveling soon, we also have a list of some of my travel favorites.