K Visa Frequently Asked Questions

Pursuing a K visa can be life-changing and individuals who are interested should be aware of all requirements before initiating the application process. The immigration attorneys at KPPB Law offer consultations so that you can understand your options before making a decision.

K Visa Frequently Asked Questions

Below, we have listed frequently asked questions (FAQs) for K visas. For some questions, we have provided hypothetical situations in order to better illustrate the concept. Although this information is very useful, we highly recommend seeking professional legal assistance if you are interested in any type of K visa for yourself or a loved one.

K Visa for Spouse of Green Card Holder

Question:

• Is my spouse eligible for the K visa if I am an immigrant to the United States with a green card? Also, is there such a thing as the V visa?

Answer:

• No, your spouse could not receive a K visa. This option is not available for green card holders. Unfortunately, the V visa no longer exists.

Reopening a K or I-130

Question:

• Is it possible for an attorney to reopen a K visa application or I-130 after the USCIS designated the petition for revocation? If so, how would one go about this process?

Answer

• According to the State Department, the Consulate will continue to review additional documentation. This review will last until the case is physically transferred to the USCIS.

K Visa Awaiting Documentation

Question:

• What does it mean when the K visa application is denied at the Post?

Answer:

• In the event that a K visa petition is awaiting documentation, the State Department says the application is denied under byline 221(g). Thus, the case remains at the Post until it expires. After expiration, the case is returned to the USCIS. In the event that the fiance petition is deemed fraudulent, the case will be returned to USCIS with a warning memo from the Nation Visa Center.

K-3 Visa

Question:

• How long will it take for the K-3 Visa to be approved? Is the K-3 being closed automatically once the I-130 is approved?

Answer:

• If an I-130 is approved, the consulate will not issue a K-3 visa. The only wait at that point is for the green card approval process.

Non-Citizen Petition for Fiance

Question:

• If I am not yet a citizen, can I petition to bring my fiance to the United States? Is my green card enough to file a claim for my fiance?

Answer:

• It is not possible for a non-citizen to petition for a fiance visa. However, it is possible for the spouse of a green card holder to be granted entry. The waiting times for this process does not take very long at all.

K-1 Visa for Former Work Visa Holder an Undocumented Immigrant

Question:

• My fiance was born in Brazil. He entered the United States at the age of 18, under a work visa. After his visa expired, he remained in the country for five years. Although he was an illegal immigrant, he worked as a waiter during this time. We met last year. After dating, we fell deeply in love and plan to marry. However, he moved back to Brazil three months ago. He wanted to study, but it was impossible for him in the United States.My question is this: Would we have any difficulty in filing for a K-1 visa? He lived in America for several years, although mostly as an undocumented immigrant. Would this hinder our chances?

Answer:

• It is very likely that your fiance could face a 10-year bar on entering the United States. It is highly unlikely for him to obtain the K-1 visa. Your only option would be a possible waiver. Schedule an appointment with an immigration lawyer to discuss this possibility.

K-1 for Age Difference in Relationship

Question:

• I am American citizen who was widowed. I have a relationship with a man in India. I have several questions regarding our relationship.
  • Does our age difference have any effect on getting the K-1 Visa? I am 47 years old and he is 25.
  • We have not met in person. Could this hurt our chances?
  • I do not work because I take care of somebody. I have three kids from a previous marriage. Will my former relationship and the kids stop us from getting the K-1?
  • I had a previous ticket for Driving Under the Influence. Would this be a problem?

  Answer:

  • Your situation may present several difficulties. First, the age difference may be seen by the government as potential fraud. Also, in order to obtain a fiance visa, it is required that the two parties have met in person. That is, unless there are circumstances, either religious or cultural, preventing that meeting before marriage. Your previous relationship and DUI charge should have no effect on your visa petition.

  K Visa with Children

  Question:

  • I am an American citizen with a fiance who lives in Haiti. If I file the fiance visa application for him, could be also bring his 5 year-old daughter and 21 year-old cousin? His cousin lost everything, including his immediate family, in the earthquake.

  Answer:

  • Your fiance could almost definitely bring along his daughter. However, his cousin could not be added to his visa petition. It is recommended for the cousin to apply for entry through the normal channels.

  Petition for Filipino Girlfriend

  • My girlfriend lives in the Philippines. Can I petition for her entry to the United States? Should we marry in her country or apply for a fiance visa? Which would be faster?

  Answer:

  • Your girlfriend is eligible for entry, for either a spouse of fiance visa. Normally, the K-1 visa is faster. That means, you would marry in the United States after she arrives.

  Mexican Fiance or Spouse Visa

  Question:

  • I have a fiance who lives in Mexico, and I am a citizen of the United States. I desperately want my fiance and her children to join me in America. Should we marry in Mexico and apply for the spouse visa? Or would it be faster to apply for the fiance visa and marry in the United States?

  Answer:

  • The fiance visa is generally faster than the spouse visa. If you want to be with your fiance quickly, it is better to apply for the K-1 fiance visa.

  Recently Married to American Citizen

  Question:
  I recently married a citizen born in the United States. Would there be a problem if I applied for my visa so quickly after our marriage? Will I have to leave the US? How long will it take to obtain my visa?
  Answer:

  • There is no reason why you should wait. It will not be a problem if you apply immediately. Keep in mind that if the consulate approves your I-130, you will not receive the K-3 visa. Instead, you will be asked to wait for your green card.

  What to do After K-1 Approval

  Question:

  • My fiance has been approved for the K-1 visa. We received a notification that his application was sent to the National Visa Center for processing. What are the next steps? Should we get the passport and medical done? Should I wait for further instructions?

  Answer:

  • At this point, you will wait for further instruction. The NVC will contact you, as will the consulate. Follow their directions, and you will be fine.

  Canadian Fiance with Son

  Question:

  • My fiance and I began the process for the 129-F petition with the USCIS. The paperwork was received, but we were told it may take up to five months to process. My fiance is from Canada and has a young son. We do not have time to wait, as his son needs to register for school. Also, we have a home in Canada that needs to be sold.

  Is it possible for my fiance to live in California with me until the petition is processed?
  Answer:
  It may be possible for your fiance to enter the United States. Have him drive to the border and relate the story to the Canadian Border Patrol officers. At that point, it is their discretion as to whether he is permitted entry or not.

  Forgot to File AOS

  Question:

  • My fiance came to America under the K-1 visa. We got married within the 90 day period. However, we forgot to file the AOS until just before his I-94 expired. Will the application still be accepted or did we make a serious mistake?

  Answer:

  • There should not be a problem. The law only requires that you marry within this 90 day period. However, it is recommended that you speak to a lawyer and ask for further guidance with regard to your specific case.

  Entered with K-1 but did not Marry

  Question:

  • If one entered the United States under a K-1 visa but did not marry their fiance, would they be deported? Even if this person and their child were the victims of domestic abuse? Is there a law in place to protect such a victim?

  Answer:

  • It is very likely that such an individual would be deported. That is, unless their case fell under the Violence Against Women Act (VAWA) or a similar provision.

  K-3 Visa with Approved I-130

  Question:

  • My fiance and I have an appointment in Nairobi in reference to the K-3 visa. Our I-130 petition was already approved. We filed the necessary documents and paid the required fees. If we continue with the K-3 application, would we lose our I-130 approval? Are there any other negative consequences?

  Answer:

  • You would be ineligible for the K-3 visa. You must continue to wait for the IV. If your I-130 approval has not yet been processed by the consulate, it is still possible to obtain the K-3. However, this is not applicable in your situation. The wait should not be much longer.