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K1 Visa Related Questions

A K1 visa is issued to permit the non-US fiancé / fiancée of a citizen of the United Sates to enter country for the purpose of getting married. Below are some of the most common questions answered by the Experts on JustAnswer.

Can a person enter the U.S. on a K1 visa and then marry someone other than the K1 petitioner?

A person entering the U.S. on a K1 visa is eligible to marry only the petitioner. A change of the proposed spouse from the petitioner is not allowed. If the foreign national has entered the U.S. and the marriage is called off, he / she will have to leave the country and a fresh K1 visa application will need to be filed by the new fiancé / fiancée.

Is a waiting period of over 6 months for information on K1 visa status normal?

There is no fixed time frame in which a K1 visa application is approved or rejected. While a period of 30 to 60 days is common, waiting for 6 months or more for approval or rejection to be communicated is not unknown. The K1 visa process is known to take a long time.

Once a K1 visa application is filed can a fiancé / fiancée enter the U.S on a valid B1 / B2 visa pending the K1 visa approval?

It is very unlikely that the person will be allowed entry to the U.S. under a tourist visa as the intent to immigrate to the U.S. will be obvious. It is better if he / she stay in his / her country and waits for the K1 visa to be issued.

In terms of K1 visa requirements is a DUI conviction a criminal offence that will cause the application to be rejected? What happens if the conviction is omitted by mistake from the application?

A DUI conviction is generally not enough grounds for a K1 visa petition to be rejected. Please see http://travel.state.gov/visa/laws/telegrams/telegrams_3267.html. However, if the consulate determines that the DUI conviction indicates the possibility of a mental disorder or tendency to harmful behavior that may occur in the future, the possibility of the petition being rejected increases.

If the DUI has been omitted from the K1 Visa application, it is best to contact the consulate and formally inform them (preferably in writing) about the omission. The discovery of a lie or deliberate omission in the application is grounds for rejection. Providing the correct information before the error is detected will indicate that the omission was a genuine mistake.

A K1 visa petition was filed in the past but the American fiancé called off the marriage. Can a new fiancé file another K1 Visa application for the same person?

The fact that a previous K1 visa petition was filed but the intended marriage did not take place does not preclude a new petition being filed for the same person by a new fiancée. This is subject to there being no other grounds on which the petition may be rejected. The consulate may ask questions or require clarifications about the previous application.

While the K1 visa process is underway can a fiancé who is a regular visitor to the U.S. continue to make these visits to the country?

When the person enters the U.S. the border patrol database will show him to be an intending immigrant based on the K1 visa application. Generally speaking, entry into the country will be denied on these grounds. However, if the person has proof of property ownership, employment and financial ties in his country, exception may be made. There are no hard and fast rules on this.

A person entered the U.S. on a K1 visa and the marriage took place. An emergency back home requires her to leave the U.S before the application for adjustment of status is filed. Can she leave the U.S. and return using the K1 visa?

The K1 visa is for single entry only and cannot be used for any additional departures and returns to the U.S. The best option is to immediately file for adjustment of status. If there is no time for this to be done, the person may apply to the local USCIS office for emergency advance parole which, if granted, would allow her to leave and reenter the U.S.

The K1 visa process is a complex one involving many legal and procedural issues. Obtaining K1 visa related legal opinions from Experts is advisable as it can prevent mistakes that may result in delays, the rejection of the petition or problems arising from misuse of the visa.
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