Can I extend the K-1 Visa beyond the original four month validity?
A consular officer can revalidate a K visa petition any number of times for additional periods of 4 months provided the officer concludes that the petitioner and beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary’s admission into the United States.
To have the petition revalidated send a written request to the Embassy that includes a statement of your intention to go forward with the marriage.
Do dependent children receiving K-2 visas need to travel to the United States at the same time as the K-1 beneficiary?
No, eligible dependent children can travel to the United States on a K-2 visa within a year of the issuance of the K-1 visa to the principal beneficiary.
This is true even if the K-1 beneficiary has subsequently married, provided the dependent child is still unmarried and under 21 years of age at the time of K-2 issuance.
If a dependent child of your Fiance seeks to enter the United States more than one year after your Fiance has received a K-1 visa, it will be necessary to file an immigrant visa petition for the child.
Should I include all of my Fiance’s children in the K visa petition?
USCIS holds that all children of a K-1 beneficiary must be listed on the visa petition.
If the beneficiary has a child not named in the petition, the consular officer must suspend action and return the petition to USCIS for reconsideration.
Q. Do dependent children receiving K-2 visas need to travel to the United States at the same time as the K-1 beneficiary?
A. No, eligible dependent children can travel to the United States on a K-2 visa within a year of the issuance of the K-1 visa to the principal beneficiary.
This is true even if the K-1 beneficiary has subsequently married, provided the dependent child is still unmarried and under 21 years of age at the time of K-2 issuance.
If a dependent child of your Fiance seeks to enter the United States more than one year after your Fiance has received a K-1 visa, it will be necessary to file an immigrant visa petition for the child.
Q. What if my Fiance is pregnant and this is not disclosed on the approved petition?
A. Visa processing can continue in this case if the consular officer obtains a statement indicating awareness of the pregnancy and the desire to proceed with the marriage.
Q. If I decide not to get married to my Fiance can I cancel the petition?
A. You should make a written request to the Embassy asking to withdraw the petition.
You may wish to notarize such a statement so USCIS can be assured that you personally are asking the petition to be withdrawn.
Q. If my Fiance entered the U.S. on a K visa, but had to leave before we were married, what can I do get my Fiance a new K visa?
A. K visas are issued valid for a single entry and a 6-month period.
If a beneficiary has returned abroad prior to the marriage, the consular officer may issue a new K visa provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry.
After the 90th day, unless other arrangements have been made with USCIS prior to your Fiance’s departure, you will need to start the K visa process again.
Q. I would like to know about how much money I need in order to invite my fiancé to the US.
A. You must meet either the I-864P-income requirements for 2011, or meet the asset requirement.
Q. After my fiancé and I marry, what do I have to do to take her out of the country on our honeymoon? How long after we are married can we leave and return to the US?
A. After you get married, you have to apply for her Green Card (aka Permanent Residence, Adjustment of Status). At this time, you must apply for her Advance Parole (USCIS Forms I-131).
It takes approx 90 days to receive the Advance Parole Re-Entry Permit after filing.
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.
Q. What is IMBRA, and does it affect my case?
The International Marriage Broker Regulation Act (IMBRA) became law in 2006. If you have been convicted of certain violent crimes, then you require a waiver before proceeding with a K-1 visa petition.
If you have a general K-1 Visa question, please use the form below. We will do our best to answer it for you: