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How long will it take to get my fiance
K-1 Visa?
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Currently, depending on the Service Center
that you are required to USCIS, we have been getting visas
issued in an average of 90 to 180 days from filing at
the Service Center to picking up the visa at the U.S.
embassy, however please keep in mind this can and may
change without notice. |
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Will the fiance be able to work once
they enter the United States on a K1 Visa?
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Yes. Once they enter the United
States on a K1 Visa, they may immediately apply for a
Work Authorization Permit. However, since the fiance must
re-apply for a Work Permit after the filing of an adjustment
of status (which is required after the marriage), we generally
recommend waiting until after the marriage takes place. |
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Can the fiance's children come to the
United States prior to the marriage?
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Yes. The children are eligible
for K2 Visas which would allow them to accompany the fiance
or follow the fiance within 6 months of visa issuance.
If the children do not apply for a K2 Visa, they may also
be eligible for a K2 Visa after the fiance is married
as long as the children apply within 1 year of the fiance's
K1 Visa issuance |
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Is the K1 Visa issued immediately following
the embassy interview?
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Each embassy has its own unique
procedures. Some issue the K1 Visa the same day and others
process it within a few weeks and have it mailed by courier. |
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Can a Permanent Resident file a petition
for a K1 Visa?
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No. Unfortunately, this benefit
is only available to U.S. citizens and you must be a U.S.
citizens to be eligible to file for a K1 Visa Petition. |
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Why shouldn't I just do the paperwork
for the fiancee visa myself?
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The good news is that the
USCIS and the U.S. Consulates rarely turn down a fiance
visa petition request if the requirements mentioned above
are met. The general feeling toward fiance visas inside
the USCIS is however, quite negative. Rather than turn
down visas, the USCIS ploy is to find some minor error
or omission in the completion of the paperwork submitted
to them, hold the petition for a month or so, and then
return the entire package to you with a cover-sheet telling
you what you did wrong. Very often, when you resubmit
the petition package with the proper correction, they
will again hold it for a month. They then again return
it to you with another cover-sheet informing you of a
second minor error or omission of which they were obviously
aware when they returned your petition the first time!
Since we have seen all the errors and omissions, we can
avoid this problem for you. |
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What if my fiance is pregnant and this
is not disclosed on the approved petition?
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Visa processing can continue
in this case if the consular officer obtains a statement
indicating awareness of the pregnancy and the desire to
proceed with the marriage. |
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If I decide not to get married to my
fiance can I cancel the petition?
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You should make a written
request to the embassy asking to withdraw the petition.
You may wish to notarize such a statement so we can be
assured that you personally are asking the petition to
be withdrawn |
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After my fiance and I marry,
what do I have to do to take her out of the country on
our honeymoon? How long after we are married can we leave
and return to the U.S.?
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After you get married, you
have to apply for her Green Card (Permanent Residence,
Adjustment of Status). At this time, you must apply for
her Advance Parole (USCIS Forms I-131). It takes approx
90 days to receive the Advance Parole Re-Entry Permit
after filing. Your fiance must have this before she leaves
the U.S. for foreign travel and must present it to re-enter
the U.S. If your fiance leaves the U.S. without the Advance
Parole Re-Entry Permit, she may be denied entry and the
Green Card petition may be cancelled. |
