Before we start, keep in mind that immigration laws and procedures may change, so it’s essential to consult the latest information from official sources or legal professionals. Here are the K-1 Fiancé Visa Frequently Asked Questions.
What is the K-1 Fiancé (e) Visa?
The K-1 Fiancé Visa is a non-immigrant visa granted to the foreign fiancé of a U.S. Citizen to allow him/her to enter the U.S. for the sole purpose of marrying the U.S. Citizen within 90 days of his/her entry on American soil.
Do I Need a Lawyer for a K-1 Visa?
No law in the U.S. requires you to use an attorney to file a K-1 visa application. However, the main cause of delay and denial in K-1 visa applications is inaccurate and poorly prepared applications. When you hire an immigration attorney to represent you, you decrease the strain and insecurity you experience as you go through the process.
Can I get a K-1 visa if I have had some criminal history in my home country?
Criminal history can become a serious obstacle to immigration to the U.S. However, it does depend on the severity of the crimes committed. These crimes would need to be expertly examined to determine the likelihood of your ability to immigrate to the U.S. For example, if you have a felony on your record or its equivalent, it may be more difficult to enter the U.S.
What if my U.S. citizen spouse has a criminal record?
The type and seriousness of the criminal records, whether arrests or convictions, will determine whether your partner can file a fiancé petition on your behalf. In some instances, such as convictions of kidnapping, solicitation to engage in sexual conduct, and possession of child pornography, can either bar you from filing a K visa case, or in some instances, a waiver must be filed to allow the filing. It is important to reveal this information to our law firm when you consult with us so we can properly assess whether a K-1 visa is the most viable option for you.
What if my fiancé(e) has children? Can they immigrate with him/her?
If the foreign fiancé(e) has unmarried children under the age of 21 living with them abroad, they may be eligible for K-2 visas to enter the U.S. with their parent. They must be included in the original petition to USCIS and must travel at the same time or after the K-1 visa holder.
What does a K-1 visa medical examination involve?
Every applicant must undergo a full medical examination by an authorized medical physician. The medical examination will include a review of the applicant’s medical history, physical examination, chest x-ray, and blood tests. The physical examination will at least include examining the eyes, ears, nose and throat, extremities, heart, lungs, abdomen, lymph nodes, skin, and external genitalia.
There are several steps involved in seeking a medical examination. The doctor that carries out the test must be permitted to do examinations for immigration purposes, and you must inform the doctor that the medical test is for immigration purposes. At this step, you will incur separate costs for the medical exam.
Can I work with a K-1 visa?
Yes, but you must apply for work authorization by filing Form I-765 (Application for Employment Authorization) before you can work. Like the K-1 visa, this employment authorization is only valid for 90 days, starting from the day you arrive in the U.S. Applying for this work permit is generally not recommended because the processing time for USCIS to make a decision on the application compared to the K-1 visa that expires after 90 days may only allot the visa holder a small window to work on the work permit, if any.
If you choose to apply for permanent residency after you arrive and file Form I-485 (Application to Register Permanent Residence or Adjust Status), you can include Form I-765 with your application. This would grant you work authorization for a longer period which you may extend until a decision is made on the green card application.
How long is the Fiancé(e) Visa valid for?
A K-1 visa is valid for a period of six months. This means that the foreign fiancé(e) can travel to the U.S. within six months from when the visa is issued. However, once they have entered the U.S., they can only remain for 90 days. If they are not married to the K-1 U.S. citizen sponsor within that time frame, the foreign fiancé must exit the U.S.
What happens if we do not marry within 90 days?
Suppose you fail to get married within 90 days. In that case, the foreign fiancé(e) and any children included in the original petition must leave the U.S. Failure to depart violates U.S. immigration law and can lead to deportation. Any future eligibility for U.S. immigration benefits may also be negatively affected. It is important to note that the K-1 visa holder may only apply for a green card based on their marriage to the petitioner. Though other options may be available if they are married after 90 days.
If my partner is a green card holder, not a U.S. citizen, can I still apply for the K-1 visa?
The K-1 visa is only open to the fiancés of U.S. citizens. If your partner is a green card holder, they will only be able to petition for your entry if you are already married. Or, if the green card holder is eligible for U.S. citizenship, I recommend applying and obtaining U.S. citizenship first before utilizing the K-1 visa option.
How do I apply for a green card after I have entered the U.S. with a K-1 visa?
Suppose you have entered the U.S. on a K-1 visa and are married to your partner, congratulations on starting your new life together. To apply for your green card, you must file Form I-485 (Application to Register Permanent Residence or Adjust Status). With this application, I also recommend filing Form I-765 and Form I-131 for work and travel authorization.
Do I need an affidavit of support for the K-1 visa?
Yes, you will need to submit Form I-134 when applying for a K-1 visa.
What is the difference between the K-1 visa and the K-3 visa?
If you are the fiancé of a U.S. citizen, you can apply for a K-1 visa. If you are the spouse of a U.S. citizen, you can apply for the K-3 visa. Both visas are available only to partners of U.S. citizens, and not green card holders.
Why would a K-1 visa be denied?
Some activities may make you ineligible for a visa. Examples of these ineligibilities can include: drug trafficking or submitting fraudulent documents. Fraudulent documents can include false dates of birth or false financial records.
Bonus Information
As promised, here’s some bonus information that you may not know about:
Legal Motions
In case of denial of Form I-129F, in many cases, you may be able to file one of two legal motions to have your case reviewed a second time:
1. Motion to Reopen– This is used when new documentation or evidence has come to light that may change the outcome of the fiancé(e) visa case should it be reopened.
2. Motion to Reconsider– This is used when you and your immigration attorney believe that the evaluating officer was incorrect in his or her decision. You can demonstrate this through a legal argument.
Because they require legal expertise and arguments, neither of these routes should be taken without having an immigration attorney assist you. This is the best way to successfully overturn a fiancé(e) visa denial.
Last but not least, 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.
