K1 Visa Questions and Answers

What is a K1 fiancée visa?

The K1 is a visa intended for use by the fiancée of a U.S. citizen. The K1 visa allows that fiancée to travel to the U.S. for a period of up to 90 days, for marrying the U.S. citizen. As long as the couple marries within 90 days of the fiancée’s arrival in the U.S., the immigrant fiancée can "adjust status" and become a legal permanent resident of the U.S.

Who should use the K1 fiancée visa?

Most couples that plan to marry where the fiancée is a foreign citizen or national and is currently outside the U.S., the K1 fiancée visa is the most appropriate and fastest way to immigrate.

What is the International Marriage Broker Regulation Act (IMBRA)?
The International Marriage Broker Regulation Act ("IMBRA") is a law that took effect on March 6, 2006. IMBRA is to address perceived problems with K1 visas being used by U.S. petitioners with a history of domestic violence or of severe criminal violence, as well as petitioners perceived to be abusing the K1 (or K3) visa system through multiple filings. IMBRA requires "marriage brokers" (a broadly defined term that includes any corporation or individual engaged in "marriage brokering" or "matchmaking" if their primary focus is on introducing U.S. citizens to foreign nationals) to conduct a background check regarding the U.S. citizen and to share any adverse information they find with the foreign national before making an introduction between the U.S. citizen and the foreign national. It also requires U.S. citizen petitioners to disclose whether or not they met their fiancée through a "marriage broker", and whether or not they have any adverse criminal history in their past. IMBRA also places numerical limitations on the number of K1 (or K3) petitions a U.S. citizen can file within a two-year period and over their entire life. Waivers of the numerical limitations are available, but because the law is so new, as of August 2006 it is not clear how easy (or difficult) it will be to obtain a waiver if one is required. One thing that is clear is that it will be harder to obtain a waiver if the petitioner requesting it has any history of domestic violence or serious criminal violence in their past.

How could IMBRA affect my K1 or K3 visa case?

Although IMBRA is a new law, and is being implemented. Most K1 applicants are filing their first application, and do not have any adverse criminal history of the type IMBRA is concerned about. If the petitioner does have some adverse criminal history, on its face IMBRA's primary concern is that this information be disclosed to the foreign national. It is not clear yet whether the presence of adverse criminal history is going to result in more visa denials, although if it is present, the petitioner should expect that processing will be more complicated and difficult. Probably the biggest negative impact of IMBRA will be on petitioners who have used the K1 (or K3) visa process multiple times in the past, and who need to apply for a waiver to use it again. That will be especially true for petitioners who have filed multiple petitions and have any negative criminal history.

How long will it take to obtain a K1 fiancée visa?

Times can vary greatly, depending on where the application for the K1 fiancée visa is filed and the consulate to which the intending immigrant must apply to obtain their visa. The busie r the appropriate United States Citizenship and Immigration Services ("USCIS") service center and the consulate are the longer processing will take.

Will my fiancée be able to work in the U.S. using their K1 visa?

K1 visa holder can obtain permission to work during their initial 90-day stay on a K1 visa. A few years ago, it was possible for a K1 visa holder to do this by asking that their passport be stamped "permission to work granted" upon their entry. Although this still works in some cases, USCIS' current policy is not to do this. As an alternative, a K1 visa holder can apply for an employment authorization document after their entry based on their K1 status. The catch here is that the processing time for the application can be 60 - 90 days, so that by the time the document is granted, the K1 visa holder's initial 90-day period of stay will be almost over. However, after the K1 visa holder and their U.S. sponsor have married, the K1 visa holder can apply for permission to work as part of their adjustment of status application. An employment authorization document granted as part of an adjustment of status application is valid for an entire year. Therefore, if it is important to you that your fiancée be able to work after they have arrived, the best thing to do is marry early on during their authorized 90-day stay and apply for permission for them to work in conjunction with an application to adjust their status.
My fiancée has children. Can they immigrate with him/her?

Unmarried children under the age of 21 can immigrate with their parent using the K2 visa. K2 visas are usually issued in conjunction with a K1 visa and can be requested as part of the initial K1 visa application to the USCIS. It is also usually possible for children of your fiancée to obtain a K2 visa and "follow to join" your fiancée for up to 1 year after your fiancée’s K1 visa was issued. Once here, the children can apply to become legal permanent residents provided their parent marries you within the required 90 days.

Can I just do this on my own?

You do not need to have an attorney or immigration service to help you with your immigration case. There is no law or regulation that requires you to do so. Just because you can do something does not necessarily mean that you SHOULD. The main cause of delay (and denial) in fiancée visa cases is an inaccurate and/or poorly prepared application. When you hire us, you decrease the amount of pain, stress, and uncertainty you will experience as you go through this process, and the chances that everything will be prepared properly and your case will be approved without delays are increased.

I visited the U.S. previously and over-stayed my visa. Will this be a problem for obtaining a K1 visa?

Although any over-stay can present a problem, whether or not this is a problem for you will most likely depend on the length of your prior over-stay. If you over-stayed by less than 180 days and had no other immigration problems, it will probably not prevent you from obtaining a K1 visa.
What if I was actually deported?

Although prior deportation is a serious obstacle to immigrating to the U.S., it is possible to overcome this barrier in some cases. Whether or not it is a viable option in your particular case will depend on the facts and circumstances surrounding your deportation. If your deportation was based on a serious crime, it will be very difficult to overcome.