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Frequently Asked K1 Visa Questions

Frequently Asked Questions:

K1 Fiancee Visas

After she gets her fiancee visa, can we marry in her country, then travel together to the USA?

No. When she travels using the K1 fiancee visa, she MUST at that time be unmarried. If she becomes legally married before the visa is used, it must be abandoned. And you would have to start all over again, this time applying for a Spousal Visa. You MAY have a celebration, or cultural or religious ceremony providing it is NOT considered by the government of her residence country as a legal marriage.

Do I "really" have to go over there and meet her?

The simple answer is YES. Within the two years prior to submitting your I-129F you must have a face to face, in the same room meeting. Telephone conversations, Instant Messengers, Webcam sessions, etc., do not satisfy this requirement.

I can't afford to travel to meet my Fiancee. Can I get a waiver on the grounds of "extreme hardship"?

Insufficient funds have never proven as an acceptable reason for a waiver. Being in an Iron Lung, or being a member of a religion or culture which prohibits couples from meeting before the wedding may be acceptable.

Can my Fiancee apply for a tourist visa?

If your Fiancee is under 40 years old has never traveled to the U.S. and is coming from a developing country then her chances of getting a tourist visa are very small. Attempts to "game" U.S. immigration laws to bring your Fiancee here for the purpose of marriage, and not applying for a Fiancee Visa generally cause delays, make it more difficult to obtain the legitimate Fiancee Visa and may result in your Fiancee being "blacklisted".

My divorce is not final yet. Can I start the application?

You can start preparing the documents, however you can not submit the I-129F until both you and your Fiancee are eligible for the visa. One of the eligibility requirements is that both of you must be legally able to marry at the time you submit your application. So wait for your or her divorce to be finalized before submitting the I-129F.

When must my Fiancee use her Fiancee Visa?

She must arrive in the U.S. within 6 months after the visa is issued.

My Fiancee's children have been granted K-2 visas. Must they travel with their mother to the U.S.?

The children may travel separately. In some cases you may want to allow the Mother to get settled first before sending for them. Their visas K-2 may be issued up to six months after the mothers K-1 visa is approved. They have up to six months after their K-2 visa is issued to enter the U.S.

Can we get married overseas then come back together?

Once the visa petition is approved, she gets the K-1 visa stamped to her passport. The terms are that she is single when she travels using the visa. Once her marital status changes, once you marry her, the visa is no longer valid, and she is no longer legally allowed to enter the U.S. using the visa. You would have to start completely over, this time applying for a Spousal Visa. Do not marry until after returning to the U.S.

I am a Permanent Resident of the U.S. can I apply for a Fiancee Visa for my Fiancee?

No. This process is a priviledge offered to U.S. citizens ONLY.

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By Fred Wahl

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