FREQUENTLY ASKED QUESTIONS

I am having continuos e mails off random people asking about certain things about the K-1. I thought I would provide you with some basic facts, I have learned with the K-1.

What requirements do I have to meet to file the I-129F K-1 Visa Petition?
  • You must have met your loved one within the past two years to be eligible to file the I-129F Petition for the K-1 Fiancé Visa. One of you must be a US Citizen and you both must be free to Marry.
Can I travel to the United States when the visa is in process?
  • The Non-US Citizen can travel and enter to the USA whilst the K-1 visa Application is underway. Although they must bring evidence of sufficient ties to their home country. The Non-US Citizen can be turned away at the port of entry and refused entrance to the USA, if the custom official suspects any immigrant intent. You can apply for a visitors visa whilst the K-1 Visa is in process. Although you do need sufficient ties to your home country or you'll be refused the visa.
Can we apply for the K-1 Visa whilst the Non-US Citizen is in the US?
  • You can apply for the K-1 Visa whilst the non-US Citizen is in the USA, But he/she must return to their home country for their interview.
How long is the K-1 Visa valid for?
  • The K-1 Visa is valid for one entry to the USA within 6 months of being issued. Once the non-US citizen has entered the USA before they get their green card, they are unable to leave the country without applying for advanced parole at your local USCIS Field office.
How long do we have to get married once I enter the United States?
  • Once you enter the USA on the K-1 Visa, you must marry and apply to adjust your status within 90 days. If you do not marry & file for AOS then the visa is void and you are breaching immigration laws.
Can I work in the US after emigrating?
  • The Non-US citizen will not be able to work without employment authorisation. You can ask at your port of entry for an EAD card, some ports of entry give a temporary 90 day EAD (employment authorisation document) You can also apply for a EAD card when you file to adjust your status. Once you receive your green card you will not need a EAD.
Will I be an American citizen after marriage?
  • Marrying an American citizen does Not give you automatic American Citizenship. Once your married and have filled for legal permanent residency and have become a green card holder for 3 years or more. You then can apply to be naturalised and to become an American Citizen.
Why do you recieve a conditional green card?
  • A two year Conditional Residency (Green Card) is granted after you've passed the AOS interview. This two year conditional period helps to deter visa fraud and marriages of convenience.
Do I have the same rights as a permanent resident green card holder?
  • Yes, during your "conditional" status, you still have all the rights of a Permanent Resident. But when your status as a conditional permanent resident expires at the end of this two year period. You will have to file a petition, I-751 "Petition to Remove the Conditions on Residence". to remove your conditional status. Your new permanent resident green card is then good and valid for 10 years.

Some information gathered from:-