Fiancé(e) Visas - FAQs

 

What is the processing time for a Fiancé(e) Visa?

USCIS is currently reporting an estimated time range of 5 to 7 months for K-1/K-2 Visas. Please note that this does not include the time needed for the visa application in the home country of the Alien Fiancé(e). This varies greatly from country to country.  An experienced immigration attorney will be able to provide an estimated processing time for the applicable home country. 

 

How long is the Fiancé(e) Visa valid for?

A K-1 visa is valid for a period of six months. This means that the Alien Fiancé(e) can travel to the U.S. within six months from when the visa is issued. However, once they have entered the U.S., they can only remain for 90 days. If they have not been married within that time frame, they should leave the U.S.

 

Can you work on Fiance Visa USA?

The Alien Fiancé(e) may apply immediately for work authorization for a non-extendable period of 90 days after their entry to the U.S. Alternatively, they may also apply for work authorization when they apply for their Green Card. That authorization is valid for one year and may be extended.

 

What if the Alien Fiancé(e) has children?

If the Alien Fiancé(e) has unmarried children under the age of 21 living with them abroad, they may be eligible for K-2 visas to enter the U.S. with their parent. They must be included in the original petition to USCIS and must travel at the same time or after the K-1 visa holder.

 

What happens if we do not marry within 90 days?

If you fail to get married within the 90 days, the Alien Fiancé(e) and any children included in the original petition must leave the U.S. Failure to depart is a violation of U.S. immigration law and can lead to deportation. Any future eligibility for U.S. immigration benefits may also be negatively affected. Please note that the K-1 visa holder may only apply for a Green Card based on their marriage to the petitioner. If they are married after the 90 days, other options may be available.

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Mubarak Law
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Orlando - Florida 32801
Tel: 407 502-3000
Fax: 407 650-3308

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