Can I File a K-1 Visa While Still Married?

It happens more often then you would expect.  In a rush to start their life together, a couple rushes off to file a K-1 fiancee visa petition without bothering to wait for a divorce to be finalized or without bothering to get a divorce.   The couple tries to rationalize their decision – the marriage “ended” [...]

What Are the Fiancee Visa Requirements?

There is a lot of information out there about what, and what is not, required for the K-1 Fiance visa.  You may be confused by it.  The following is meant to be a straight forward, no-nonsense, statement of the fiancee visa requirements.  If you have additional questions after reading it, please contact a New York [...]

How Strict is the K-1 Fiance Visa’s Two Year Meeting Rule?

In a word: Very!

Many K-1 visa applicants often ask if it is okay if they have not seen each other in two years.  Many think it is okay – especially when a couple has known each other for many years, have seen each other, and have even lived together for a time.  Unfortunately, that [...]

How Does the K-1 Visa Process Work?

The Fiance Visa Process (Also known as the K-1 Visa Process) is often misunderstood by K-1 couples.  Many K-1 visa couples underestimate the complexity of the K-1 process, and do not realize the length of the multi-stepped process.  A general outline of the K-1 fiancee visa process follows.  For a more detailed discussion of the [...]

BIA Allows K-1 Visa Holder To Adjust Status After Marriage Ends

The BIA Immigration Court recently allowed a former K-1 visa holder to adjust status to lawful permanent status after the termination of the K-1 beneficiary’s marriage to the K-1 Visa petitioner.  The K-1 visa holder in the case married the petitioning U.S. citizen spouse within the required 90 days of entering the United States.  The [...]

“Aged Out” K-2 Child Adjusts Status In Immigration Proceedings

A Charlotte, North Carolina immigration judge recently granted a K-2 status holder the ability to adjust status to permanent residency despite the K-2 holder “aging out” by turning 21 before the adjustment of status application’s submission.

Minor children of K-1 fiance(e)s of U.S. citizens are entitled to K-2 immigration status.  K-2 visa applicants must be [...]

Where is the K-1 Visa Filed?

It is important to file an immigration petition in the right location.  If you are lucky, an immigration petition filed in the wrong place then it could be weeks or months before it is forwarded to the right location.  Most likely, the petition will never be forwarded to the right location.   Worse yet, the [...]

Can Any U.S. Citizen File a K-1 Visa?

Who can file for the K-1 visa?   Only U.S. citizens are capable of petitioning for the K-1 visa.  Additionally, any American citizen can petition.  This means that a person who becomes a naturalized U.S. citizen can immediately petition for his or her fiance(e) to enter the United States and marry.

The K-1 visa is not [...]

Can a K-1 Visa Holder Marry Another?

Relationships do not always work out the way that people expect.  Sometimes individuals enter the United States on the K-1 visa, but do not marry the K-1 petitioner.   This is often because a couple decides that they do not wish to be married.

In these instances, the K-1 status holder sometimes either intentionally or unintentionally [...]

What is the K-1 Visa Filing Fee?

The K-1 visa allows for a U.S. citizen to bring a fiance or fiancee into the United States for the sole purpose of marrying.  The K-1 visa requires a filing fee of $340.