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Meet Kalynn Hudman, our Employee Spotlight for July AND the winner of our Newsletter Naming Contest!
Now that you’re engaged, waiting for the big day might be frustrating. And when waiting to walk down the aisle also means being separated by international borders, the anticipation might be even more unbearable. Still, there are some important things you should know about what to do — and what not to do — while waiting on a K-1 fiancé visa.
A K-1 visa is a non-immigrant visa that allows the future spouse of an American citizen to enter the United States. (Even though you will likely see the word fiancé used for men and fiancée used for women, we’ll just use the word fiancé in this article.) While the K-1 visa is the first step to getting a marriage green card for many foreign nationals who marry U.S. citizens, they are not the same thing.
In order to apply to bring your fiancé to the U.S. on a K-1 visa, you must
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Once you’ve decided to make the leap, it’s time to get to work on taking steps to start your new life together. First, you, as a U.S. citizen, must file the initial K-1 petition by filing a Form I-129F, Petition for Alien Fiance(e) as well as any children your spouse will bring to the U.S. under the K-2 category.
If needed, you will then submit additional evidence requested by USCIS. Once you receive approval of your Form I-129F petition, your fiancé can move forward with their application to enter the U.S. Once approved, the K-1 visa has a quick expiration date.
Otherwise, the K-1 visa will be invalidated, and your fiancé must leave the country. Because such a quick turnaround leaves little room for error, you should know what to avoid before starting the K-1 visa process. Some actions might invalidate the process and could even make it more difficult to be approved in the future.
Of course you want to see the person you love as often as possible. Plus, cake-tasting just isn’t the same over video chat. Still, there are some reasons to avoid seeing each other in person until the right time, depending on where you are in the filing process.
While you wait for your paperwork approval and your big day of travel to arrive, there are plenty of things to do that do not involve international travel.
The time you spend apart will probably pass before you know it, and you will have wonderful stories to tell of how you stayed connected across borders.
Once inside the U.S., those with K-1 visas can leave the U.S. on temporary trips, but only to certain places. This means you might be able to plan that joint bachelor/bachelorette party in the Caribbean after all!
Once in the U.S., non-immigrants with K-1 visa status may apply for work authorization by filing a Form I-765. If granted, the work authorization is only good for the duration of the applicant’s K-1 status —that is, your partner can only work while waiting to get married. Once married, your fiancé must re-apply for work authorization at the same time that they apply for their green card.
Not everyone is comfortable about revealing details on their personal life, but petitioning for a K-1 visa means you’re setting yourself up to do just that. Know what you are getting into, so that you can be prepared to give honest, genuine responses that will give you and your fiancé the best chance of tying the knot and making a life in the U.S.
Furthermore, because the nature of a K-1 visa process entails that one spouse is outside the U.S., you may need the support of an immigration lawyer who knows how to get information from all over the world.
Meet Kalynn Hudman, our Employee Spotlight for July AND the winner of our Newsletter Naming Contest!
Maybe you met on a sightseeing trip, or perhaps in a semester-long study abroad program. A friend’s destination wedding. A…
Maybe you met on a sightseeing trip, or perhaps in a semester-long study abroad program. A friend’s destination wedding. A…
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Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
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