The most important FAQ about K-1 fiancée visa
1- What are the demands for K1 visa approval?
Only the USA citizen can apply for K1. Neither GK holders, nor other US residents can do it. Both (your fiancée and you) have all the rights to marry, i.e. they must not be in a marriage or be in a legal divorce. You have to prove your intention to marry a beneficiary within 3 months of the day she arrives to America. You should not have any communicable diseases and criminal records. You should also physically meet with beneficiary during the last two years. Sometimes USCIS makes exception for disable people and those who cannot meet before marriage through cultural and religious prohibitions
1- What can we wait if we do not have photos where are together?
Although photos always prove that you have met your fiancée personally, USCIS might not require them if you provide them other proof of your meeting and spending time together. These proofs include airline boarding passes and tickets stamped, recipes from stores, restaurants, hotels, etc. You can also get proof of those people who can witness you and your fiancée being together before K1 petition. However, the absence of pictures might seem too suspicious to USCIS, thus you have to give them more evidence of your personal meeting
1- Can we get K1 visa?
You need to be a citizen of United States and give USCIS the following proof: 1. You are really a US citizen (passport, birth certificate) 2. You must prove your desire to marry within the period of 90 days starting from the day of your fiancée arrival to the USA 3. Your fiancée and you can be legally married 4. You have had at least one personal meeting within the period of last 2 years
1- Is K-1 Visa petition difficult to be completed?
As a rule, those, who know English well, complete K1 visa in an hour or even less. Meanwhile in some cases a previous research should be done, i.e. a petitioner should contact the fiancée to learn the right date of birth of beneficiary parents, etc.
1- How my fiancée come to United States?
Only an American citizen can help her doing it. The most rapid and reliable method is going through getting K1 visa process — in this case your alien fiancée will come to the USA and you will marry in your country. This visa gives your fiancée the right to arrive to your country and stay there for 90 days. During this time you should marry. During this time she must remain in the US. After K1 approval, your petition goes to NVC to be processed there and forwarded further to the USA Consulate of Embassy in your fiancée country or in a country close to it. After it your fiancée is invited for an interview in the USA Embassy. There the K1 visa is approved
1- What if my fiancée get a tourist visa to marry me here and change her status?
Those ones, who come to your country by tourist visa stay there, violate the law. It often ends with the deportation of the violator and a ban to re-enter the USA. The same thing happened with a lady from Philippines — she married an American and wanted to come to him on tourist visa. It was a fail, and t she was deported. Later she was always denied to be given a permission to come to United StatesHowever, it can really happen that a fiancée might come to America as a tourist to become your wife in your country. However, even in this case, before visa expiration she has to return home — leave the USA. In her country she needs to apply a Spouse visa. In case it is approved, she will go to the USA legally as your wife and a Spouse visa holder. If a decision to marry when a fiancée arrives to the USA comes to you spontaneously, you can always marry and convince government authorities that this was never your intent
1- Will you help us with passing interview?
Certainly, we will answer all of the questions about the interview that interest you and give you general advices. Meanwhile, you should not “learn” the right answers on all the questions not to sound as all the other clients of the company helping you in getting K1 visa. Be more personal. The conversation with the officer must be a free-flowing process
1- Can my fiancée start working in the USA after our marriage?
Yes, she can. Meanwhile, first she must get an Employment Authorization Document. To get it you should fill in Form I-766 (only after marriage). It cannot be done before your fiancée comes to United States. The EAD is usually given within two months, after the application. Working before getting this document is illegal for your wife. Thus, the EAD is given only to thouse ones, who married and intend to work in the USA
1- Does the place of marriage matter?
It never matters, but you must not marry before your fiancée gets K1 visa. You are also not let to be married in the state where the sponsor on the United States citizen resides
1- When can my fiancée start travelling through the USA after she gets K1?
She can travel along the USA the same day she gets her fiancée visa. As this visa lives for 6 months, your fiancée can travel in your country within this period. The K-3 Spouse visa validity is two years
1- Can I reapply for fiancée visa if my K1 was denied?
In case the situation that was the reason t of the denial has changed, you can reapply for fiancée visa, starting the process from its beginning
1- Can I hire a lawyer to prepare everything for my K1?
You need not do it; however, everything might depend on the situation. Getting this visa is not a “legal”, but administrative process. Getting this visa can be compared with obtaining a driving license — it is the same benefit from the government. Even the best attorney has no “special” rights to control the process. Applicants using the service of lawyers do not have any advantages. No judges are involved in the whole process — each time all cases go to and through USCIS
1- Will I get expenses for K1 if I am denied?
No, you will not. These fees are always non-refundable
1- Can a marriage process go in the USA Embassy?
No, you cannot. American officers working there are not let performing marriages. And what is more important, no marriages are let in Unites States Embassy
1- How long will the fiancée visa last?
It will last 6 months letting a person to enter the USA only once. Your fiancée visa approval is valid for four months — it means: the K1visa can be given during the period of 120 days of the USCIS approval. Meanwhile, the officer working in consular can make this period longer if the delay is not the fault of an applicant. When the fiancée comes to United States, the couple must be officially married within 30 months. This 90-days period cannot be prolonged
1- What does the letter “K” means in K1 visa?
In fact, it does not mean something special. Simply all “K” visas refer to non-immigrant visas. The Immigration and Nationality Act tells about it in section 101(a)(15) of sub-paragraph (K). K1 is the fiancée visa (K2 is given for children who accompany the K1 holder and K3 is a spouse visa)
1- What should be done in case when something is not right with my case?
As practice shows, the majority of petitions go through and K1 are approved with no problems. Meanwhile, in rare cases the help of an immigration attorney is needed
1- What are the certain places I can go after getting K1 visa?
You can go anywhere. Take a flight to any state and any city of the USA