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Frequently Asked Questions
FAQs
Is an engagement visa the same as a K-1 Visa?
Yes, the K-1 Visa is often called the “engagement visa,” “fiancé(e) visa,” or the “partner visa.”
What happens if we don’t get married within 90 days?
If the couple does not marry within 90 days, the K-1 visa holder must leave the U.S. The visa cannot be extended or changed to another type of visa.
Do both partners have to attend the K-1 Visa interview?
No, only the foreign fiancé(e) is required to attend the interview at the U.S. embassy or consulate in their home country.
Can my fiancé(e) work on a K-1 visa?
Yes, but they must apply for work authorization (Form I-765). This can take several months, but after marriage, they can apply for work authorization again as part of their Green Card application.
How long is the K-1 visa application process?
Processing times vary but typically take between 6-12 months from filing the petition to visa approval.
Can I extend my K-1 Visa?
No, the K-1 visa automatically expires after 90 days.
Can my fiancé(e) bring their children?
Yes. Any of your fiancé(e)’s unmarried children that aree under 21 can apply for a K-2 visa to accompany their parent to the United States.
Can a same-sex couple apply for a K-1 visa?
Yes. The U.S. government recognizes same-sex relationships for immigration purposes and, therefore, permits same-sex couples to apply for a K-1 Visa application.
What happens if the K-1 visa application is denied by USCIS?
If the K-1 visa application is denied, USCIS or the embassy will provide reasons. Some common reasons include:
- Insufficient evidence of a genuine relationship.
- Criminal history or inadmissibility issues.
- Not meeting the financial requirement.
- Previous immigration violations.
Depending on the reason for the denial, a denial can be appealed or refiled with stronger, additional evidence. If your K-1 Visa application was denied, it is important to consult with an immigration attorney to figure out your options. Contact K-1 Visa Law at (786)360-1341 and allow our team to help you.
Can we travel outside the U.S. while on a K-1 visa?
No. The K-1 visa is single-entry, meaning once the fiancé(e) arrives in the U.S., they cannot leave and return on the same visa. If they must travel, they should apply for Advance Parole after marriage when filing for a Green Card.
WHY CHOOSE US
Personalized K-1 Visa Guidance
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Over 20 Years of Experience in Immigration Law
You will work with skilled and experienced attorneys who specialize in K-1 visa cases.
Support Throughout the Application Process
Get Our team will walk you through the K-1 Visa application process from start to finish.
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Eddie and Maggie have garnered a stellar reputation in the legal community because of their commitment to seeking the best possible outcome for their clients.