If for any reason you can’t get a K-1 visa interview date within the 4 months, you should let the Embassy know you’re still intending to apply. They will help you extend the validity for a maximum of 12 months. The request is as easy an email. But be sure to keep the lines of communication open.
Can I extend my K-1 visa if I am married?
K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. Generally, your fiancé (e) and his or her children must leave the United States at the end of the 90 days if you do not marry. If they do not depart, they will be in violation of U.S. immigration law.
What is a K-1 visa for a foreign citizen?
The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.
How do I get work authorization for my fiance on K1 visa?
After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé (e) may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, your fiancé (e)’s work authorization is valid for only 90 days after his or her entry into the U.S.
How to prepare for a K-1 visa interview with the NVC?
The NVC will mail you a letter when it sends your fiancé (e) case to the U.S. Embassy or Consulate. Once you receive this letter, inform your fiancé (e) to take the below-listed actions to apply for a K-1 visa and prepare for the interview.
Can a K-1 visa be extended?
No, it cannot be extended. If you and your fiancé who is here on a K-1 fiancé visa are not married within 90 days the visa expires and your fiancé will have to leave the United States.
What happens when K-1 visa expires?
However, you cannot maintain K1 status for long: it lasts for a maximum of 90 days and cannot be extended. To stay in the U.S. after your K1 visa expires, you must get married within that 90 day period and file for an adjustment of status to permanent resident.
How do I extend my K1 petition?
All you need to do is send the request to the U.S. Embassy to “revalidate” your I-129F. If you prove that you are actively working on it, the U.S. Embassy may decide to extend your case, and you will be given 4-month increments.
Can you renew a fiancé visa?
If you come to the U.S. on a K-1 fiancé visa, which is given to foreign nationals for the purpose of entering the U.S. and marrying a U.S. citizen, realize that your visa cannot be renewed.
How long does fiancé visa take 2022?
approximately 9 to 12 monthsAs of March 2022, K-1 visa processing took approximately 9 to 12 months (USCIS time to process Form I-129F). Click here to see exact ranges based on your service center. In addition to that, it takes between three to four weeks to receive notice from the National Visa Center with further instructions.
How long can I stay in US with K-1 visa?
How long is my K-1 Visa good for? The K1 visa is good for 6 months and allows you to enter the United States only one time. The K1 approval from the USCIS is good for 4 months, which means the visa must be issued within 4 months of your USCIS approval.
What happens if K-1 visa expires before entering US?
What happens if I overstay my K-1 visa by 6 months and then try to apply for a green card? If you leave the U.S. after 6 months on an expired visa and then try to take the consular processing route, you will receive a 3 year ban from entering the United States.
Can you apply for a K-1 visa twice?
However, it is possible to apply for multiple K1 visas. If you are the U.S. citizen petitioner for a K1 visa you can apply for a second K1 visa petition over 2 years after approval of your first K1 visa petition. If you want to file a K1 petition in less than two years, you will have to apply for a waiver of this rule.
Can I travel to us while waiting for K-1 visa?
Can my fiancé visit me in the US while waiting for a K-1 fiancé visa? Yes – your fiancé may visit the US, so long as they have a valid B-1/B-2 visa or ESTA. However, your fiancé should expect more scrutiny at the border.
What happens if you don't get married on K-1 visa?
Consequences of Overstaying Your K-1 Visa We have to clarify that if the immigrant fiancé stays in the U.S. more than 6 months after the visa expires without getting married, the immigrant fiancé could be banned from entering the United States again for up to 10 years.
What happens if my fiancé leaves me after marriage on a K-1 visa?
Your fiancé must have the Advance Parole Re-Entry Permit before she leaves the US for foreign travel and must present it to re-enter the US. If your fiancé leaves the US without the Advance Parole Re-Entry Permit, she may be denied entry and the Green Card petition may be cancelled.
How long does it take to get a green card after K-1 visa?
In total, getting a Green Card via a K1 Visa usually takes 13-18 months, but the immigrant fiance will be able to enter the U.S. as soon as they have their visa. It usually takes 9-12 months to get a K1 Visa and an additional 4-6 months to adjust status to a Green Card after the immigrant enters the US.
What if I file for an extension of stay on time but USCIS doesn't make a decision before my I-94 expires?
If you have filed for an extension before your I-94 expired date and your application is still under review, you may stay in the U.S. for 240 days. You need to have followed and continue following the terms of your status.
What happens if my fiancé leaves me after marriage on a K1 visa?
Your fiancé must have the Advance Parole Re-Entry Permit before she leaves the US for foreign travel and must present it to re-enter the US. If your fiancé leaves the US without the Advance Parole Re-Entry Permit, she may be denied entry and the Green Card petition may be cancelled.
Can you stay in U.S. while change of status pending?
The application process for a Change of Status (COS) will allow you to remain in the US while the decision is pending, provided the application is filed in a timely manner with US Citizenship and Immigration Services (USCIS).
How long does it take for I-539 to be approved?
I-539 petitions sent to the California Service Center take 1 – 5 months to process, while petitions sent to the Nebraska Service Center take 6 – 8 months. Petitions handled by the National Benefits Center have the best processing times with a turnaround time of as little as one week.
What should I know before applying for a K-1 visa?
You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and protection available to you . The consular officer will verbally summarize the pamphlet to you during your interview. Additionally, K-1 visa applicants will be provided with any existing criminal background information on their U.S. citizen fiancé (e)s that USCIS received from other government agencies during processing of their Form I-129F petitions.
How Long Will It Take to Get My K Visa?
For Form I-129F, Petition for Alien Fiancé (e), you can visit the USCIS website for the status of your petition.
What do you need to present to a consular officer for a visa interview?
During the visa interview, applicants will be required to present evidence to the consular officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé (e) is able to provide support.
How long do you have to meet a foreign citizen?
In general, the foreign-citizen fiancé (e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé (e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé (e)’s culture for a man and woman to meet before marriage.
What are some examples of ineligibilities for a visa?
Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.
What is an I-134 form?
Evidence of financial support ( Form I-134, Affidavit of Support, may be requested)
Can I apply for a K visa for my child?
No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé (e), that your U.S. citizen fiancé (e) filed on your behalf, but your U.S. citizen fiancé (e) must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.
How to extend stay in the US?
If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.
How long before I-94 expires can I extend my stay?
We recommend that you apply to extend your stay at least 45 days before your authorized stay expires. You may apply to extend your stay if:
Can you be ineligible for a visa if you have not committed a crime?
You have not committed any crimes that make you ineligible for a visa
Who determines if a fiancé qualifies for a K-1 visa?
The DOS consular officer determines whether your fiancé (e) qualifies for the K-1 nonimmigrant visa.
Who notifies you when the visa interview for your fiancé (e) is scheduled?
The U.S. Embassy or consulate notifies you when the visa interview for your fiancé (e) is scheduled.
What is the form for alien fiancé?
You file Form I-129F, Petition for Alien Fiancé (e) according to the form instructions. This form asks USCIS to recognize the relationship between you and your fiancé (e).
How long is a fiancé's work authorization valid?
In this case, your fiancé (e)’s work authorization is valid for only 90 days after his or her entry into the U.S. Your fiancé (e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé (e) can file Form I-765 together with the Form I-485.
Where to send I-129F?
The NVC forwards the approved Form I-129F to the U.S. Embassy or consulate where your fiancé (e) will apply for a K-1 nonimmigrant visa. This is generally the U.S. Embassy or consulate where your fiancé (e) lives. The U.S. Embassy or consulate notifies you when the visa interview for your fiancé (e) is scheduled.
How long does it take to get a green card if you are married?
If your fiancé (e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card). If you have already married, plan to marry outside the United States, or your fiancé (e) is already residing legally in the United States, ...
Can I file a K-1 visa after it has expired?
Generally, if DOS returns a Form I-129F to us after it has expired, we will allow it to remain expired. However, you may choose to file a new Form I‑129F.