K-1 Visa FAQs

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

K1 Visa co-sponsorship

Authored on: Mon, 08/31/2015 - 14:14

Question

How does it work with financial co-sponsorship? Can a family member or a close friend co-sponsor a fiancee?

Answer

Anyone who is a US Citizen or green card holder can co-sponsor affidavits of support .

DOMA and Same-sex Marriages

Authored on: Fri, 07/19/2013 - 06:20

Question

Does the USCIS recognize same-sex marriages?

Answer

A statement issued by Janet Napolitano, Secretary of Homeland Security, appears to clear the way for immigration of same-sex spouses.  She said: "After last week's decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly.  To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse."

Applying for K-1 visa

Authored on: Wed, 06/19/2013 - 04:21

Question

I have been with my boyfriend for 3 years we meet over the internet and I have been over to Haiti once. He is in Haiti and I am in America. How do I get him to America?

Answer

If you intend to get married within 90 days of his arrival, apply for K-1 visa for him.

K-1 Visa Automatic Visa Revalidation

Authored on: Thu, 12/06/2012 - 01:34

Question

K-1 visa holders are limited to a single entry. May a K-1 visa holder nevertheless take advantage of automatic visa revalidation?

Answer

Yes. U.S. Customs and Border Patrol (CBP) indicates that there is no law or regulation that precludes K-1 visa holders from benefiting from the automatic revalidation provision, provided all entry requirements and criteria are met, and their K-1 status has not changed since their initial K-1 admission.

Visitor visa rejected

Authored on: Wed, 01/18/2012 - 22:34

Question

I am having a problem getting my visitor visa. My fiancé is a US citizen and my sister is on H-1B visa she is there since 3 years with her family... my parents got their (B1-B2) visitor visa. But when ever I apply for B1-B2 I get rejected. My question is, when they ask me why you want to go to the USA my answer was to visit my sister and her family. Now can I answer like this? My fiancé is a US citizen and I want to meet her and get married.

Answer

You must tell the truth. The better visa for you is K-1, if you want to get married in USA. Your chances of getting a B visa do not appear to be very good.

K-1

Authored on: Wed, 11/17/2010 - 03:05

Question

I was was born here in the USA. I am a widow. My boyfriend he is in India.
1.Does K1 Visa have any age differences, because I am 47 and my boyfriend is 25 he is single.. Does this make any problem.?
2.I have not met in person ?
3.I am not working, I am taking care of a person, and I have 3 kids, will marraige be a problem with kids?
4.Once I was caught for drinking and driving & paid the ticket, does this effect K-1 Visa ?

Answer

This will not be an easy K-1. First, the age difference is likely to viewed by the govt. as an indication of fraud. Second, you are required to meet - unless there are some extraordinary circumstances. Kids and drunk driving should not be an issue.

Can I petition my girlfriend

Authored on: Wed, 11/10/2010 - 03:56

Question

Can I petition my girlfriend once we get married in the philippines? What is the best way to petition her as soon as possible...

Answer

Yes you can. Normally, I prefer K-1 - marriage in USA route.

K1 or K3

Authored on: Wed, 10/20/2010 - 23:47

Question

What is the fastest way to have my fiance and her children join me here in the US. They are Mexican citizens and I am a US ciitizen. We want to get married. The question is, which process is faster for them to be able to join me here?

Answer

The fiance visa is, generally speaking, faster.

K-1 Visa AOS

Authored on: Mon, 03/08/2010 - 07:07

Question

My fiance came as k-1 and we got married within the 90 days but didn't file for AOS untile a few days before his I-94 expired? What will happen? will they still accept the application or what will we have to do next?

Answer

I think you will be fine. As I recall, the law only requires you to get married within 90 days. But confirm this information and do check with a lawyer as to whether you may travel or not while AOS is pending. This could be the only issue I can think of.

Green Card through marriage

Authored on: Tue, 01/26/2010 - 05:16

Question

My boyfriend is a u.s citizen and we want to get married. The problem is that i came to mexico and i cant go back. I was wondering if there was any visa or anything that he can get for me to go back before i get my greencard. And how long and how much it takes to do the whole process.

Answer

You could look into a fiancee visa (K-1). It can take a few months.