We can understand your excitement about traveling to the United States after getting your K-1 nonimmigrant visa; however, there are a few things that you should be aware of while traveling and after you have traveled so that you will not face any immigration issues in the future.
Herman Legal Group tries to provide you with simple and precise information to make your travel to the United States more convenient. Read this article to learn about K-1 visa travel information that would be really useful for you.
Can I travel to the United States after my I 129F petition is approved by the USCIS?
When the United States Citizenship and Immigration Services (USCIS) approves your I 129F petition; you are only halfway through your K-1 visa process. So, you cannot travel to the United States at that time and have to wait until your application is forwarded to the US embassy or consulate, which would conduct a K-1 visa interview and approve your visa.
Once your visa is approved by the interviewing officer, you will be granted a K-1 visa, and you can also find the validity period for your visa. This is when you can travel to the United States.
So, briefly, your visa process is as follows:
Step -1 Submitting Form I 129F petition.
Step -2 USCIS will send your approved I 129F petition to US National Visa Center (NVC), which would further forward your visa application to the US embassy and consulate.
Step -3 File Form DS 160 (Online nonimmigrant visa application) and attend K visa interview with consular officers.
Step -4 After you are successful in your visa interview, you will be issued a K-1 visa.
Step 5 Travel to the United State
I have received a K-1 visa. Am I guaranteed entry into the US border with the visa?
Once you have received a K-1 visa, normally, there are no issues with you entering the US because your documents have already been checked and approved along with your interview. However, holding a K-1 visa is not a guarantee of entry into the United States border.
The United States Customs and Border Protection (CBP) officials at the US port of entry can deny your entry into the United States. They have full right to stop you from entering the United States border if they find you suspicious.
Therefore, you should ensure that you carry all your relevant documents (in an unopened/sealed packet) with you, along with your valid passport and visa.
Does the child of a K-1 visa holder have to travel with them into the United States?
The children of a K-1 visa holder who are coming to the United States as dependents get a K-2 visa. The K-2 allows them to travel to the United States as dependents along with the K-1 visa holder.
However, one of the questions that we frequently get from our clients is whether the dependent child can travel to the US after the K-1 visa holder. The answer is that the child dependent on k-1 visa holders does not necessarily have to travel with them. They could either accompany the K-1 visa holder or travel at a later date.
However, they cannot travel to the US after the expiry of their K-2 visa validity period.
For example, a K-1 visa is issued by the USCIS for a validity period of 6 months, and the K-1 visa holder has to enter the United States in the period of 6 months, and if the K-1 visa holder fails to enter the US border within 6 months period, they will have to apply for the visa again.
The same applies to K-2 visa holders. They have to enter the United States within the validity period of their visa.
I entered the United States on a K-1 visa; however, I want to travel to another country whilst on a K-1 visa status. Can I do that and enter again in the US on a K-1 visa status?
Unfortunately, the K-1 visa is a single entry visa, and you are only allowed to enter once into the United States on your visa. So, if you are planning to leave the United States while you are on your K-1 visa, you should keep in mind that you will not be allowed entry again on the same status.
Our clients ask us if they want to plan their honeymoon right after their marriage; however, due to the K-1 visa single entry restriction, they cannot. Our usual advice to our clients in this situation is that they can apply for advance parole which gives you special permission to travel outside the US and enter again.
The best way to apply for it is to include Form I 131 (Application for Travel Document) along with your adjustment of status packet, and you will not have to pay an extra fee for your form.
When can I travel to the US on a K-1 visa?
You can only enter the United States when the K-1 visa is issued to you. You cannot travel on any date during your K-1 visa processing. Furthermore, the k-1 visa holder gets 6 months validity period when the visa is issued to them.
They have to enter the US in that period only because once the validity period of your visa is expired and you have not entered the US, you have to start the whole process again. Make sure to consult Herman Legal Group if you plan to delay your visit to the United States for any reasons. Our immigration attorneys will guide you in your best interest.
What should my foreign citizen fiancé do if their 90 days of stay in the UK on a K-1 visa is about to end?
Your foreign citizen fiancé gets 90 days from the date of entering the United States to get married. We assume that you and your citizen fiancé have married in that 90 days period.
Now, your foreign fiancé has the option to apply for a marriage-based immigrant visa based on their marriage with you (US citizen). You can apply for adjustment of status and can stay in the US while the decision on your application is awaited.
How can Herman Legal Group help you?
Herman Legal Group is a U.S. immigration law firm with over 26 years of experience in representing individuals, families, and companies in all aspects of immigration law, in all 50 states and around the world.
You are not alone in your immigration case; we are here to support you in every step of your visa process. Let our immigration attorneys put their skills to work for you. We can analyze your case, identify the available options, and help you decide the safest, most cost-effective, and quickest route to success.
Schedule a consultation with one of the experienced immigration lawyers at Herman Legal Group by calling 1-216-696-6170 or by booking online. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office. A small investment in seeking a consult can save thousands of dollars and years of frustration due to taking action without the advice of experienced immigration counsel.
