Please read through our website for detailed information on applying for and obtaining a fiancé(e) visa. You may also wish to try the search utility, or visit the sitemap for quick links to specific content.
Below we have attempted to answer questions frequently asked by both our existing and potential clients. If you cannot find the answer to your question, please do not hesitate to contact us. We will gladly and promptly respond. Remember, every question is important.
Arrival in the United States on a K-1 visa and K-2 visa
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The fiancé(e) and any children must enter the United States within 6 months of issuance of the K-1 and K-2 visas. Upon arrival in the United States, the fiancé(e) will be questioned by a Customs and Border Protection (CBP) officer who will review the K-1 and K-2 visas. The CBP officer will issue the fiancé(e) and any children an Arrival/Departure Record (form I-94) that will indicate the date of entry and the expiration date (90 day period).
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After entry, the fiancé(e) must marry the U.S. citizen within 90 days. The 90 day period cannot be extended. If the fiancé(e) does not marry the U.S. citizen within 90 days of entry, they and their children must depart the United States upon expiration of the 90 days. The 90 day period cannot be extended and the fiancé(e) cannot remain, even if they marry a different U.S. citizen.
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No. There are no exceptions to this regulation.
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After entry, the fiancé(e) must marry the U.S. citizen within 90 days. The 90 day period cannot be extended. If the fiancé(e) does not marry the U.S. citizen within 90 days of entry, then they and their children must depart the United States upon expiration of the 90 days.
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Yes. However, if the fiancé(e) marries a different U.S. citizen they cannot obtain permanent residence (‘green card’) in the United States based upon this marriage. The fiancé(e) must depart the United States.
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Once the fiancé(e) marries the U.S. citizen, then they can file an application to adjust their status with the USCIS to become a lawful permanent resident (‘green card’ holder) of the United States. The application will be processed in the United States without need for the fiancé(e) to depart.
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Once the fiancé(e) marries the U.S. citizen, then any children (under 21 and unmarried) can file an application to adjust their status with the USCIS to become a lawful permanent resident (‘green card’ holder) of the United States. The application will be processed in the United States without need for the children to depart.
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Yes. Upon entry into the United States, the fiancé(e) is eligible to file an application for an employment authorization document (work permit) with the USCIS. The USCIS processing of the work permit application requires approximately 90 days. Also, the fiancé(e) can choose to wait and file an application for a work permit along with the application for permanent residence (‘green card’). Upon receipt of the work permit, the fiancé(e) can be legally employed.
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Yes. Upon entry into the United States, any children are eligible to file an application for an employment authorization document (work permit) with the USCIS. The USCIS processing of the work permit application requires approximately 90 days. Also, any children can choose to wait and file an application for a work permit along with the application for permanent residence (‘green card’). Upon receipt of the work permit, any children can be legally employed.
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Yes. Upon receipt of the work permit, the fiancé(e) can file an application for a U.S. social security number (form SS-4) with a local Social Security Administration (SSA) office. The SSA processing of the social security number application requires approximately 2 to 3 weeks.
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Yes. Upon receipt of the work permit, any children can file an application for a U.S. social security number (form SS-4) with a local Social Security Administration (SSA) office. The SSA processing of the social security number application requires approximately 2 to 3 weeks.
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Entering the United States on a Tourist Visa
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Yes. In order for a tourist visa to be issued, however, the United States embassy or consulate officer must be convinced that the fiancé(e) intends to return to their country after the visit to the United States. The pending K-1 visa application indicates that the fiancé(e) intends to marry and live permanently in the United States. Thus, the fiancé(e) must prove that although they intend to live permanently in the United States, they will return to their home country after the visit. Since this is difficult to prove, it is likely that the United States embassy or consulate officer will deny the application for a tourist visa.
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A fiancé(e) is eligible to apply for any type of visa. In order for a tourist visa to be issued, however, the United States embassy or consulate officer must be convinced that the fiancé(e) intends to return to their home country after the visit to the United States. The fiancé(e) must also disclose that they are in a relationship with a U.S. citizen. This relationship indicates that the fiancé(e) intends to marry and live permanently in the United States. Thus, the fiancé(e) must prove that although they intend to live permanently in the United States they will return to their home country after the visit. Since this is difficult to prove, it is likely that the United States embassy or consulate officer will deny the application for a tourist visa.
If the tourist visa is approved; the fiancé(e) enters the United States; marries a U.S. citizen and files an application for permanent residence (‘green card’), the USCIS could conclude that the fiancé(e) committed visa fraud in obtaining and using a tourist visa to enter the United States to marry a U.S. citizen. In such a case, the application for permanent residence (‘green card’) would be denied and the fiancé(e) removed to their home country.
Entering the United States Using a Different Type of Visa
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If the fiancé(e) is currently in the United States and entered on a visa other than a K-1 visa, it is possible that they could remain and file an application to adjust their status with the USCIS to become a lawful permanent resident (‘green card’ holder). A review of the facts of the fiancé(e)’s specific situation is required to make this determination.
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If the fiancé(e) is currently in the United States; entered on a visa other than a K-1 visa; and overstayed, it is possible that they could remain and file an application to adjust status with the USCIS to become a lawful permanent resident (‘green card’ holder). A review of the facts of the fiancé(e)’s specific situation is required to make this determination.
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If the fiancé(e) is currently in the United States and entered on a visa waiver, it is possible that they could remain and file an application to adjust status with the USCIS to become a lawful permanent resident (‘green card’ holder). A review of the facts of the fiancé(e)’s specific situation is required to make this determination.
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If the fiancé(e) is currently in the United States and entered on a visa waiver and overstayed, it is possible that they could remain and file an application to adjust status with the USCIS to become a lawful permanent resident (‘green card’ holder). A review of the facts of the fiancé(e)’s specific situation is required to make this determination.
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If the fiancé(e) is currently in the United States and entered illegally without a visa, it is probable that they could not file an application to adjust their status with the USCIS to become a lawful permanent resident (‘green card’ holder). Rather, they would most likely be required to return to their home country to process residence. A review of the facts of the fiancé(e)’s specific situation is required to make this determination.
FAQs about CR-1 Visa and CR-2 Visa
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The CR-1 visa (also known as a conditional resident visa) is issued by the United States embassy or consulate in the foreign spouse’s home country for the purpose of allowing the spouse to legally enter as a resident and live permanently in the United States. The CR-1 visa is issued to a foreign spouse who has been married fewer than 2 years. After entry into the United States, the foreign spouse is issued a residence (‘green card’) by the USCIS valid for 2 years from the date of entry. The foreign spouse, termed a “conditional resident”, must file a petition with the USCIS to remove the conditions during the 90 day period prior to the expiration of the CR-1 visa in 2 years time.
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The CR-2 visa (also known as a conditional resident visa) is issued by the United States embassy or consulate in the spouse’s home country for the purpose of allowing the spouse’s minor (under 21 and unmarried) children to legally enter as a resident and live permanently in the United States. After entry into the United States, the children are issued a residence (‘green card’) by the USCIS valid for 2 years from the date of entry. The child, termed a “conditional resident”, must file a petition with the USCIS to remove the conditions during the 90 day period prior to the expiration of the CR-1 visa in 2 years time.
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- The petitioner is a U.S. citizen.
- The parties are legally married for fewer than 2 years.
- U.S. citizen and spouse have a bona-fide marital relationship.
- U.S. citizen can demonstrate ability to financially support spouse.
- Spouse has not committed certain crimes.
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Since no marriage is required – assuming that all requirements are met – the K-1 visa process can be started immediately. Further, the K-1 visa does not require the submission of an application to the NVC. As such, generally, the processing time for a K-1 visa is shorter than that for a CR-1 visa. This often means that the fiancé(e) is able to enter the United States earlier with a K-1 visa than with a CR-1 visa. After entry to the United States, a K-1 visa holder must get married; file an application for permanent residence (‘green card’) and be interviewed by the USCIS. The K-1 visa holder cannot be legally employed until the USCIS issues either an employment authorization document (work permit) or conditional residence card (‘green card’). The CR-1 visa holder, however, is a resident of the United States immediately upon entry and not subject to the same restrictions.
FAQs about IR-1 Visas
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- The petitioner is a U.S. citizen.
- The parties are legally married for 2 years or more.
- U.S. citizen and foreign spouse have a bona-fide marital relationship.
- U.S. citizen can demonstrate ability to financially support foreign spouse.
- Foreign spouse has not committed certain crimes.
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A spouse, child (unmarried person under 21 years of age) or parent (if U.S. citizen is at least 21 years old) of a U.S. citizen is considered an immediate relative. There are no limits on the number of immigrant visas or residence cards issued to immediate relatives.
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A visa (also known as an immediate relative visa) issued by the United States embassy or consulate in the foreign relative’s home country for the purpose of allowing the spouse, child (under 21 and unmarried) or parent of a U.S. citizen to legally enter as a resident and live permanently in the United States. With respect to an immediate relative that is a spouse, the IR-1 visa is issued if the spouse has been married for 2 years or more. After entry into the United States, the foreign spouse and any children are issued a residence (‘green card’) by the USCIS valid for 10 years from the date of entry and are termed a “permanent resident”.
FAQs about K -1 visa(s) and K-2 visa(s)
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The K-1 visa, or fiancé(e) visa, is issued by the United States embassy or consulate in the fiancé(e)’s home country. K-1 visas are granted to the fiancé(e), so they can legally enter the United States with the intention of marriage to a U.S. Citizen. K-1 visas are not designed as visitor visas to be used by a couple who wish to become better acquainted.
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- Both parties must be legally free to marry.
- The U.S. citizen and their fiancé(e) have a bona-fide intent to marry.
- The U.S. citizen can demonstrate an ability to financially support their fiancé(e) upon entry into the United States.
- The fiancé(e) has not committed certain crimes.
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Upon receipt of the approved fiancé(e) petition, the United States embassy or consulate will contact the fiancé(e) and provide specific instructions regarding the K-1 (K-2 for minor children) visas. The instructions include a list of visa application forms to complete, the requirement to obtain a medical examination at a designated facility, the documentation required for the interview, the date and time of the interview and payment of visa fees.
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The United States embassy or consulate might deny the K-1 visa for a variety of reasons. From an administrative perspective, K-1 visas can be denied for failing to present requested documents, a divorce decree for example; incorrectly completing documents, or failing to provide adequate evidence of ability to financially support the fiancé(e).
From a relationship perspective, K-1 visas can be denied because the United States embassy or consulate officer is not convinced that a bona-fide relationship exists between the U.S. citizen and their fiancé(e), because there is a large age difference between the U.S. citizen and the fiancé(e) (15 years or more is considered “large”), the U.S. citizen and the fiancé(e) do not speak a common language, the U.S. citizen and the fiancé(e) have not spent enough time together, the fiancé(e) was previously denied a U.S. visa, or the fiancé(e) was previously denied entry into the United States.
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The issuance of a K-1 visa requires processing by the USCIS, NVC and United States embassy or consulate. The USCIS and United States embassy or consulate processing times vary depending on where the petitioner resides in the United States, and the residence of the fiancé(e). The typical K-1 visa processing time is 6 to 9 months.
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Once the United States embassy or consulate officer is satisfied, the K-1 visa application is approved and a K-1 machine readable visa is placed in the fiancé(e)’s passport 1 to 2 days after the interview. At that time, the United States embassy or consulate will also approve any K-2 visa applications and place the K-2 visas in the fiancé(e)’s children’s passports.
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At present, the K-1 visa application fee is $350 per applicant. Each applicant must pay a separate application fee. Click here for a list of applicable fees.
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A K-1 visa is valid for 6 months after issuance. This means that the fiancé(e) must enter the United States prior to the expiration of the 6 month period. The K-1 visa is valid for 1 entry only.
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The consular officer will return your fiancé(e)’s and any child’s passports with K-1 and K-2 machine readable visas, along with a sealed packet containing the documents previously provided and other documents prepared by the United States embassy or consulate. The sealed packet must not be opened until such a time as the fiancé(e) and any children enter the United States, at which time it will be opened by the Customs and Border protection (CBP) officer. The K-1 visa holder must enter the United States previous to, or at the same time as their children.
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Yes, however, if the U.S. citizen marries their fiancé(e) in the fiancé(e)’s home country, the fiancé(e) is no longer eligible for a K-1 visa. The foreign spouse would then be eligible for either a Conditional Resident (CR-1) visa (if married for fewer than 2 years) or an Immediate Relative (IR-1) visa (married for 2 years or more).
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The K-2 visa is valid for 6 months after issuance, the same length of time as a K-1 visa. This means that the fiancé(e)’s children must enter the United States prior to the expiration of the 6 month period. The K-2 visa is valid for 1 entry only.
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Yes. Since the K-2 visa is valid for 6 months after issuance, the fiancé(e)’s children can enter the United States at any time prior to the expiration of the 6 month period.
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Yes. Since the K-2 visa is valid for 6 months after issuance, the fiancé(e)’s children can enter the United States at any time prior to the expiration of the 6 month period. However, in order to avoid lengthy delays, it is important that both the fiancé(e) and children process their permanent residence (‘green card’) application at the same time.
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Yes. The immigration regulations do not require a U.S. citizen to use the services of an attorney.
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An experienced immigration attorney is well versed in the nuances of the visa process including petition and application preparation, responses to requests for evidence, documentation collection, government communication, consular interviews and advocacy. The attorney can successfully overcome possible issues by providing clients with solid advice based upon education and experience. If you are unsure as to whether you should hire an attorney, you may wish to read our page: Why hire an attorney?
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CLG clients can verify the status of a case online at anytime. At the beginning of the process, CLG clients register with our website by selecting a username and password and creating an individual account. You can verify the status of your case by logging in to the client section of the Choquette Law website. Enter your username (email address) and password into the ‘Login’ box. Once logged in to your account, you can view the status of your case as well as any notices issued by government entities. At all times, your information remains secure and private. Please view our privacy policy.
FAQs about K-3 Visas
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Previously, the USCIS processing times for marriage petitions were extremely lengthy, resulting in the long-term separation of U.S. citizens and their spouses. In December, 2000, the K-3 visa was established. The K-3 visa is issued by the United States embassy or consulate in the spouse’s home country for the purpose of allowing the spouse to legally enter the United States to await the approval of a marriage petition filed by the U.S. citizen with the USCIS. Since approximately February, 2010, however, the USCIS processing time for marriage petitions has significantly shortened. As such, the USCIS has discontinued the processing of K-3 petitions.
FAQs about the Fiancé(e) Petition
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A fiancé(e) petition is the first step in the fiancé(e) visa process and is filed by a U.S. citizen on behalf of their fiancé(e) with the United States Citizenship and Immigration Services (USCIS). If approved, the fiancé(e) petition is forwarded to the National visa Center (NVC) to complete the second step of the process.
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- The petitioner must be a U.S. citizen.
- Both parties must be legally free to marry.
- The petitioner and their fiancé(e) must have met in person within the last 2 years.
- The petitioner and their fiancé(e) have a bona-fide intent to marry.
- The petitioner has not committed certain crimes.
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No. The person filing a fiancé(e) petition on behalf of the fiancé(e) must be a United States citizen.
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If the person filing a fiancé(e) petition has been convicted of domestic violence, sexual assault, child abuse and/or neglect, dating violence, elder abuse, stalking, certain violent crimes and/or crimes relating to a controlled substance or alcohol, his or her criminal record must be reported to the USCIS. Also, the USCIS may disclose to the fiancé(e) the petitioner’s criminal history involving violent crimes or sex-related offenses. Finally, a petitioner that has been convicted of certain violent crimes cannot file a fiancé(e) petition unless they seek a waiver from the USCIS.
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Yes. There is no USCIS requirement that the petitioner be employed in order to file a fiancé(e) petition. However, in order for the U.S. embassy or consulate to issue a K-1 visa, evidence must be presented that the petitioner is able to financially support a fiancé(e) upon entry into the United States. If the petitioner is unemployed at the time of the embassy or consulate interview, the fiancé(e) may present evidence from a co-sponsor (a person other than the petitioner) demonstrating their ability to financially support the fiancé(e).
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There are two instances where a petitioner would not be allowed to file more than one fiancé(e) petition. The first is if the petitioner has filed two or more fiancé(e) petitions at any time in the past. The second instance, if the petitioner had a fiancé(e) petition approved two years prior to the date of filing of the current petition.
In either instance, in order to file another fiancé(e) petition the petitioner must request a waiver of the limitation. The USCIS may, in its discretion, waive the applicable limitation if justification exists for such a waiver, except where the petitioner has a history of violent criminal offenses against a person or persons.
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Yes. Both the person filing a fiancé(e) petition and the fiancé(e) must be legally able to marry at the time of filing.
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Yes. The immigration regulations require that the petitioner has previously met the fiancé(e) within two years of filing the petition with the USCIS. The USCIS may waive the in-person requirement, where the petitioner can demonstrate either extreme hardship to the U.S. Citizen (did you mean fiancé(e)), or that the requirement would violate strict and long established customs of the foreign fiancé(e)’s cultural or social practices. It should be noted that the in-person meeting requirement is rarely waived by the USCIS.
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A fiancé(e) petition is termed a Petition for Alien Fiancé(e) (form I-129F). At present, the filing fee is $340. We have provided a complete list of fees applicable to the fiancé(e) visa application process on our fiancé(e) visa fees page.
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After the fiancé(e) petition is filed, the USCIS will issue a receipt notice. After reviewing the fiancé(e) petition, if all the conditions and specifications are met, the USCIS will issue an approval notice. Currently, the approval process for a fiancé(e) petition occurs within five months of filing.
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A fiancé(e) petition is valid for four months after approval by the USCIS. Petitions can be revalidated by either the United States embassy or consulate officer prior to the interview; so in essence, the fiancé(e) petition does not expire.
FAQs about the National Visa Center (NVC)
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The NVC requires approximately one month to complete a background check on the fiancé(e). Once completed, the fiancé(e) petition is forwarded to the United States embassy or consulate nearest the fiancé(e)’s residence.
