What is a Fiancé visa?
A fiancé visa is a non-immigrant visa that allows a foreign national to travel to the United States to marry a U.S. citizen. The fiancé visa can be used only one time to the U.S. and the couple must get married within NINETY (90) days of arrival.
What are the main eligibility requirements for a K-1 Fiancé visa?
There are three general requirements: (1) the petitioner (the person filing the K-1 petition) must be a U.S. citizen. Permanent Residents (“Green Card holders”) are ineligible to file a K-1 fiancé petition; (2) the foreign national must prove that he or she has met their U.S. citizen fiancé within the last two years. The meeting must have occurred in-person; and (3) the petitioner must prove that he or she can financially support his/her fiancé in the U.S.
How long are Fiancé visas valid?
Fiancé visas are valid for a one-time entry into the United States. This means that if the foreign national leaves the U.S. for any reason (i.e. family emergency, employment, etc.), he or she will have to reapply for a fiancé visa if he or she does not get married within NINETY (90) days of arriving.
How long does the entire process take?
The fiancé petition requires several steps and the process should take approximately 6 months. First, it involves filing a fiancé petition with the U.S. Citizenship and Immigration Services (USCIS). Second, it involves submitting various financial documents to the National Visa Center (NVC). Third, it involves submitting various documents to the U.S. consulate or embassy abroad. Submitting incorrect information, submitting incomplete forms, and submitting documents to the wrong government agency will delay the processing period.
How long does it take for a K-1 visa to be approved?
After the visa interview, the visa will be given within a few days to a few weeks – depending on the particular consulate. Some consulates will ask the foreign national to leave their passports overnight for stamping; however, some consulates require the foreign national to leave their passports for a few weeks for stamping.
Can my fiancé travel to the U.S. while waiting for a K-1 visa?
If your fiancé already has a different type of visa (i.e. B-2, F-1, H-1B, etc.), he or she can travel to the United States while waiting for the K-1 visa interview.
How many times can you apply for a K-1 visa?
If a U.S. citizen has filed more than two fiancé visas within the past year or has been approved for a fiancé petition within the last two years, applying for another fiancé petition may be an issue. Speak to an immigration attorney for your options.
If I decide not to get married to my fiancé, should I cancel the petition?
Yes, you should notify the government that you want to withdraw the petition.
If my fiancé entered the U.S. on a K-visa, but had to leave before we were married, what can I do to get a new K-visa?
Unfortunately, you will have to restart the process over again. The first step is filing a K-1 fiancé petition with the U.S. Citizenship and Immigration Services (USCIS).
Can my fiancé work in another country while in process of K-1 visa? If so, for how long?
Yes, your fiancé can continue working in his or her home country. However, once he or she arrives to the United States, he or she will have to apply and be approved for work authorization before engaging in any type of employment.
Can anyone be determined ineligible for this visa?
Yes. There are many reasons why the fiancé visa could be denied, such as: filing incorrect forms, submitting insufficient documents, prior criminal history, etc. It is best to speak with an experienced immigration attorney to ensure that you and your fiancé are not ineligible for this type of visa.
For more information on Fiancé visas in the United States, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today.
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