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K-1 Visa FAQs
No, only U.S. citizens are eligible to file a K-1 visa.
The K-1 visa allows United States citizens to bring his/ her fiancé (e) to the U.S. for the purpose of marriage and living in the U.S. One of the prerequisites for filing the K-1 visa petition is that the K-1 visa applicant and the U.S. citizen must have seen and met each other within a two year period prior to filing the petition. Examples of documents that may be submitted as evidence of a relationship between the couple include but is not limited to affidavits from parents and relatives, affidavit from priest performing engagement ceremony, and photographs of the couple and their engagement ceremony.
In this situation, the petitioner (US citizen) must make a written request to withdraw the petition to the USCIS. If the petition was already approved, one should also make a written request to the Embassy asking to withdraw the petition.
Q: Can my fiancé (e) travel outside the United States after arriving in the United States on a K-1 Visa?
The K-1 visa allows a fiancé (e) to enter the United States one time only. Therefore, it is important to note that if you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. In the event that you want to leave and re-enter the United States, you should apply for an advance parole travel document to be eligible to travel.
Q: I previously filed a K-1 petition however the engagement was cancelled. Can I file another K-1 petition at a later date?
It is important to note that there are restrictions pursuant to the International Marriage Broker Regulation Act of 2006. In particular, if a petitioner has filed two or more K-1 visa petitions at any time in the past, or if the petitioner previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. We highly recommend that you contact our office for assistance if you are a petitioner who may need to apply for a waiver
Upon arrival to the United States, your fiancé(e) will be eligible to apply for work authorization. However, it bears noting that United States Citizenship and Immigration Services (USCIS) may take up to 90 days to approve the work authorization. As per K-1 requirements, marriage to your fiancé(e) must take place within 90 days of his or her arrival to the U.S. in K-1 status. After marriage, your fiancé(e) is eligible to apply for adjustment of status which includes an application for work authorization. At the time that your fiancé(e) applies for adjustment of status (based upon marriage to you), your fiancé(e) must re-apply for a new work permit. Ultimately, due to the processing times, it may make be better for the fiancé(e) to wait until the parties are married and apply for work authorization at the time the adjustment application is filed.
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