K1-Visa FAQs
How do I bring my fiance(e) to the United States?
If your fiance(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiance(e). After the petition is approved, your fiance(e) must obtain a visa (K-1) issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiance(e) entering the United States.
How long will it take to get my K-1 fiance(e) visa approved?
Approval of this K-1 visa petition in the United States may take 4-7 months.
How long does it take to obtain a K-1 fiance(e) visa?
This will vary from case to case depending on where you file you petition and where your fiance(e)’s embassy or consulate is located. We currently obtain a K-1 visa within 6-12 months
Can U.S. citizens apply for more than one K-1 Visa Petition?
A U.S. citizen may not petition for more than one K-1 Visa at a time. However, if the marriage from a prior K-1 Visa does not take place and the fiancée leaves the U.S., the U.S. citizen may petition for the same fiance(e) or another one in the future.
Can family members of the fiance(e) be included in the petition?
Only the unmarried, minor children (below 21 years old) would be eligible for K-2 visas which would allow them to accompany the fiance(e) or follow the fiance(e) within 6 months of visa issuance. If the children do not apply for a K-2 Visa, they may also be eligible for a K-2 Visa after the fiance(e) is married as long as the children apply within 1 year of the fiance(e)’s K-1 Visa issuance.
How will I know when U.S. Consulate receives my petition?
Once we receive your petition, U.S. Consulate will send you a packet of instructions.
I missed my K-1 visa interview appointment. What should I do?
Please send a letter to U.S. Consulate to request for a new appointment. Make sure to include your mailing address and your postal code in your request. U.S. Consulate will send you a new appointment date.
What kind of Affidavit of Support does my K-1 petitioner need to prepare for K-1 visa interview?
K-1 petitioners should prepare the I-134 Affidavit of Support, which they can get from their local USCIS office or on the USCIS website.
What if my K-1 visa petition expires?
Consular officers have the authority to extend the validity of petitions that have expired. Because many petitions often expire before an applicant can be interviewed, officers at the Consulate routinely extend the validity of K-1 petitions.
We decided to get married before my K-1 petition could be processed. What should I do?
If you get married, your K-1 petition will no longer be valid. Your spouse will need to file a different petition, Form I-130, with USCIS.
Will the fiance(e) be able to work once they enter the United States on a K-1 Visa?
Yes. Once they enter the United States on a K-1 Visa, they may immediately apply for a Work Authorization Permit. However, since the fiance(e) 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.
Can we leave the U.S. after marriage?
After you are married you have to apply for an adjustment of status. At that point in time you could apply for advance parole which takes about 90 days to be granted.
Can the K-1 visa be used to travel in and out of the United States?
No. The K-1 visa is a single-entry visa.
Once my fiance(e) is in the United States can the K-1 visa be extended past the 90 days before marriage?
No, if you are not married within 90 days your fiance(e) would have to leave the US.
After I marry my fiance(e) who is in the United States on a K-1 visa does my new spouse have to return home?
No, she may remain in the US if she applies for permanent residency (Green Card) within 90 days of arrival.
I come to the United States under a K visa, but did not marry the fiancé who petitioned for me. I married another U.S. citizen instead. Can I apply for adjustment of status (Green Card)?
No. You have to leave the United States and you cannot apply for adjustment of status.
Ok, I want to use the K-1 visa to bring my fiance(e) to the United States. How do I get started?
Visit “Get Started” page to get your case started. Xie Law Office can get the process started within 24 hours of hearing from you. Or contact Xielaw if you have any questions. Thanks!
