First of all, Congratulations! Your K-1 visa has been approved. You must be wondering what you should do after entering the United States in 90 day period. Obviously, getting married should be on your list; however, there are a few things to keep in mind if you are coming to the US on a K-1 visa. This article will explore various things that you need to know about the K-1 visa upon arrival in the United States.
What happens once I am issued a K-1 visa?
You will be issued a K-1 visa if the interviewing officer at a US embassy or consulate is satisfied that you meet all the criteria requirements for a K-1 fiancé visa and you actually intend to get married. Once the visa is issued, you can enter the US through the US port of entry, and you and your US fiancé will have 90 days to get married.
How many days can I stay in the US on a K-1 Visa?
The K-1 visa is granted to a foreign fiancé to get married in the US. The maximum time period for which the foreign fiancé can stay in the US after entering on a K-1 visa is 90 days. Beyond that, the K-1 visa holder has to leave the US or apply for a marriage-based green card.
Can I extend my K-1 visa after 90 days period?
This question is asked by our clients very often. The answer is NO! The United States Citizenship and Immigration Services (USCIS) does not allow K-1 visa extensions. So, if your K-1 visa is about to expire, either apply for a different visa category or leave the United States before your status becomes illegal. Consult with Herman Legal Group, who can provide you with help in applying for other visas.
Can I apply for another nonimmigrant visa while on a K-1 visa?
The K-1 visa is issued to you to come to the United States and get married to a US citizen. You can maximum stay for 90 day period. However, if your marriage breaks, there is no option available to you to apply for another nonimmigrant visa while in the US; neither can you get married to another US citizen and get them to sponsor your marriage-based green card. The only option left with you is to leave the United States and apply for another visa from your home country.
Can I work in the United States on a K-1 visa?
This is also the most asked question to us for a K-1 visa. Luckily, K-1 visa holders are allowed to work in the United States. All they have to do is to file Form I 765, Application for Employment authorization, and receive a work permit, i.e., Employment authorization document. The document will be in the form of a small plastic card, and your photo will be attached to it. After receiving the work permit, you can start working for the employer on your K-1 visa.
I get the K-1 visa. I intend to get married to a US citizen and then apply for a green card. What is the process?
Apart from having the US as a destination of marriage, another prime reason why couples choose a K-1 visa is so that the alien fiancé can get their marriage-based green card process done from inside the US and legally stay in the US for that period.
A marriage-based green card allows the foreign spouse of a US citizen or the US green card holder (which does not apply in K-1 visa cases because the sponsor can only be a US citizen) to live and work anywhere in the United States. After obtaining a green card, you will become US permanent resident and can apply for US citizenship after 3 years. All this looks very attractive. The process is also very simple, and you can be accompanied by Herman Legal Group professional immigration attorneys at every stage of your green card process.
Step- 1 Filing Form I 130 to prove that the valid marriage exists
Step -2 Apply for form I 485 Adjustment of status application or green card application.
Once the USCIS approves your green card application, you will become a permanent resident or a green card holder in the United States and enjoy much broader benefits than people on non-immigrant visas.
How is a K-1 visa different from a K-3 visa?
The very basic difference between a K-1 visa and a K-3 visa is that for a K-1 visa, if you are a fiance of a US citizen, you will be eligible to apply for the visa. However, you have to be a spouse of a US citizen to apply for a K-3 visa.
The K-3 visa can be used by the spouse of a US citizen to enter the US temporarily while waiting for the decision by USCIS on their green card application. Both K-1 and K-3 visas can only be sponsored by a US citizen and not a green card holder.
What if my foreign citizen fiancé and I get married outside of the US, and the USCIS has already granted the fiancé visa (K-1 visa)?
Suppose your foreign fiancé e has appeared for a visa interview with a consular officer and gets their K-1 visa approved. Now, they can travel to the US and get married to the US citizen sponsor fiancé.
However, you and your partner decide to get married in the foreign fiancé’s home country. Now, if both of you are legally married, your foreign citizen spouse cannot use the K-1 visa to enter the US because the only purpose it was granted was for you guys to get married in the United States.
How can I lose my K-1 visa status?
Well, having a K-1 visa is brilliant, but you may put it at the risk of losing if you do not follow the visa conditions, for example. Say you have entered the United States from the port of entry and are intending to get married. However, you get involved in illegal activities whilst on a K-1 visa and get caught. The act of yours can potentially end your visa status or might end your future immigration benefits in the US.
Another reason why your visa status can be ended is when your marriage breaks. The K-1 visa is granted specifically for you to get married to a US fiance; however, if that marriage is not possible, there is no reason for you to further stay in the US.
How can Herman Legal Group help you?
Whatever US visa you want to apply for (whether it is an online nonimmigrant visa application or immigrant visa application), you are not ALONE! Herman Legal Group has been helping people like you to fulfill their dreams of coming to the United States and getting settled here.
If you have any queries or you are seeking any help, sit down with the Herman Legal Group, experienced immigration lawyers, and let them analyze the facts and come up with the best legal strategy. We work in all fields of American immigration law and provide the best services in the market.
Schedule a consultation with one of the experienced immigration lawyers at Herman Legal Group by calling 1-800-808-4013 or 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, whatsapp, facetime, or in-office.
Frequently Asked Questions (FAQs)
When can my K-1 visa application be refused?
Your K-1 visa can be refused for many reasons, such as you fail to fulfill all the necessary conditions. There are certain things that USCIS checks before granting your k-1 visa, and failure to get those things satisfied can lead to either Request for Evidence (RFE) or a visa refusal. These are:
- Failure to submit sufficient evidence that previous marriages (of any of the partners) have ended.
- Failure to submit police certificates, financial support documents, medical examination, birth certificate, etc.
The visa refusal means that the consular officer does not have enough information to approve your visa application.