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Frequently Asked Questions - K Visa

DOMA and Same-sex Marriages

Does the USCIS recognize same-sex marriages?

A statement issued by Janet Napolitano, Secretary of Homeland Security, appears to clear the way for immigration of same-sex spouses.  She said: "After last week's decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly.  To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse."

Applying for K-1 visa

I have been with my boyfriend for 3 years we meet over the internet and I have been over to Haiti once. He is in Haiti and I am in America. How do I get him to America?

If you intend to get married within 90 days of his arrival, apply for K-1 visa for him.

K-1 Visa Automatic Visa Revalidation

K-1 visa holders are limited to a single entry. May a K-1 visa holder nevertheless take advantage of automatic visa revalidation?

Yes. U.S. Customs and Border Patrol (CBP) indicates that there is no law or regulation that precludes K-1 visa holders from benefiting from the automatic revalidation provision, provided all entry requirements and criteria are met, and their K-1 status has not changed since their initial K-1 admission.

Visitor visa rejected

I am having a problem getting my visitor visa. My fiancé is a US citizen and my sister is on H-1B visa she is there since 3 years with her family... my parents got their (B1-B2) visitor visa. But when ever I apply for B1-B2 I get rejected. My question is, when they ask me why you want to go to the USA my answer was to visit my sister and her family. Now can I answer like this? My fiancé is a US citizen and I want to meet her and get married.

You must tell the truth. The better visa for you is K-1, if you want to get married in USA. Your chances of getting a B visa do not appear to be very good.

K-1

I was was born here in the USA. I am a widow. My boyfriend he is in India.
1.Does K1 Visa have any age differences, because I am 47 and my boyfriend is 25 he is single.. Does this make any problem.?
2.I have not met in person ?
3.I am not working, I am taking care of a person, and I have 3 kids, will marraige be a problem with kids?
4.Once I was caught for drinking and driving & paid the ticket, does this effect K-1 Visa ?

This will not be an easy K-1. First, the age difference is likely to viewed by the govt. as an indication of fraud. Second, you are required to meet - unless there are some extraordinary circumstances. Kids and drunk driving should not be an issue.

Can I petition my girlfriend

Can I petition my girlfriend once we get married in the philippines? What is the best way to petition her as soon as possible...

Yes you can. Normally, I prefer K-1 - marriage in USA route.

K1 or K3

What is the fastest way to have my fiance and her children join me here in the US. They are Mexican citizens and I am a US ciitizen. We want to get married. The question is, which process is faster for them to be able to join me here?

The fiance visa is, generally speaking, faster.

K-1 Visa AOS

My fiance came as k-1 and we got married within the 90 days but didn't file for AOS untile a few days before his I-94 expired? What will happen? will they still accept the application or what will we have to do next?

I think you will be fine. As I recall, the law only requires you to get married within 90 days. But confirm this information and do check with a lawyer as to whether you may travel or not while AOS is pending. This could be the only issue I can think of.

Green Card through marriage

My boyfriend is a u.s citizen and we want to get married. The problem is that i came to mexico and i cant go back. I was wondering if there was any visa or anything that he can get for me to go back before i get my greencard. And how long and how much it takes to do the whole process.

You could look into a fiancee visa (K-1). It can take a few months.

DOMA and Same-sex Marriages

Does the USCIS recognize same-sex marriages?

A statement issued by Janet Napolitano, Secretary of Homeland Security, appears to clear the way for immigration of same-sex spouses.  She said: "After last week's decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly.  To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse."

New GC for my wife and child

My wife got her green card in 2006 but since 2008 she has been staying continuously overseas. In 2009 she applied and received SB-1 visa but she was not able to return to US before it expired.In 2009 our daughter was born overseas. Just recently I have become a US citizen through the naturalization process. I am planning to bring all my family members to US in April 2012. What are our options?

Apply for their green card and shoot for a K-3 visa simultaneously.

K-3 Visa

How long is it taking for K-3 visa to get approved? If we moved the wedding to Jan 31st, is there a chance to get K-3 approved by July 31st? My sister's fiance is in India. She lives in Philadelphia (Vermont service center). I also hear K-3 is getting closed automatically because I-130 is approved. Is this true?

Once the I-130 is approved and consulate is notified of the approval, they will not issue a K-3. They expect us to wait for the green card approval.

I-130 approved,can k3 be filed?

My father(us citizen)petitioned for my mother march09,case approved june09,since then nothing,can he file (k3) for her.

From what I recall, K-3 can be approved at the consulate only until they do not receive official notification of the approval from USCIS. I think it may be too late for your mother. She will probably need to wait for her green card now. That is likely to be quicker than a K-3 at this point, anyway.

Reopening a K or I-130 Designated for Revocation by USCIS

Can an attorney reopen a K or I-130 designated for revocation by ">USCIS? If yes, what is the procedure?

The State Department says that the Consulate will review additional documentation until the case has been physically transferred to USCIS.

K Visa Awaiting Documentation

What happens when a K visa is denied at the Post?

The State Department says that if a K visa is awaiting documentation requested by the interviewing officer, it is denied under 221(g).  The case will remain at the Post until expiration, after which it will be returned to USCIS.  Fraudulent fiancé petition cases will be returned with a return memo to USCIS via NVC.

K-3 Visa

How long is it taking for K-3 visa to get approved? If we moved the wedding to Jan 31st, is there a chance to get K-3 approved by July 31st? My sister's fiance is in India. She lives in Philadelphia (Vermont service center). I also hear K-3 is getting closed automatically because I-130 is approved. Is this true?

Once the I-130 is approved and consulate is notified of the approval, they will not issue a K-3. They expect us to wait for the green card approval.

Can I petition my Fiancé

How can I bring my fiancé to United States, can I apply for him by green card? I am not still a citizen.

There is no fiance visa for non-citizens, but look into the waiting times for spouses of green card holders. Those times are pretty good right now.

K-1 visa for an illegal immigrant

My boyfriend came into the USA legally with a work visa at the age of 18 but it expired and he stayed the next 5 years in the country illegally working as a waiter. We met a year ago and started dating and fell in love but he already had plans to move back to Brazil because he wanted to study and that wasn't possible here...and he left 3 months ago. Will we have issues applying for the K1 Visa since he was here for several years as an illegal immigrant?

It looks to me that he is subject to a 10-year bar from entering USA and would not get a K-1 visa. Please take an appointment with a lawyer and discuss your (only) option of getting a waiver.

K-1

I was was born here in the USA. I am a widow. My boyfriend he is in India.
1.Does K1 Visa have any age differences, because I am 47 and my boyfriend is 25 he is single.. Does this make any problem.?
2.I have not met in person ?
3.I am not working, I am taking care of a person, and I have 3 kids, will marraige be a problem with kids?
4.Once I was caught for drinking and driving & paid the ticket, does this effect K-1 Visa ?

This will not be an easy K-1. First, the age difference is likely to viewed by the govt. as an indication of fraud. Second, you are required to meet - unless there are some extraordinary circumstances. Kids and drunk driving should not be an issue.

K Visa

I needed more information On the k visa. My fiancé is recently in the country of Port-au-prince, Haiti. Additionally I wanted to know if I sign these paper's for him can I add his 5 year old daughter and his 21 year old cousin on the paper's. His cousin recently lost his mother and father during the earthquake. I'am an American citizen.

Daughter should be possible, cousin would not.

Can I petition my girlfriend

Can I petition my girlfriend once we get married in the philippines? What is the best way to petition her as soon as possible...

Yes you can. Normally, I prefer K-1 - marriage in USA route.

K1 or K3

What is the fastest way to have my fiance and her children join me here in the US. They are Mexican citizens and I am a US ciitizen. We want to get married. The question is, which process is faster for them to be able to join me here?

The fiance visa is, generally speaking, faster.

K-3 Visa

I am married to a U.S. born citizen we just got married, is there a problem if I apply for the visa right after marriage? Do I have to leave the U.S? How long will it take to receive the visa?

I see no reason to wait. Bear in mind, if consulate receives your I-130 approval, they will not issue a K-3. They will ask you to wait for your green card.

K-1 Visa

I want to apply for a K 1 visa for my fiance and her 10 year old child. What is the waiting period for this visa type, and what can I do to expedite the process.

The processing times can be determined from this page http://www.immigration.com/processing-times-and-status-checks<. As to expedite, check with USCIS customer service if they have any recommendations.

K1 visa approved

I applied for a fiance visa and it has been approved but now sent to the ">NVC center to be processed, what are the next steps and do I need my fiance to get his passport and medical done now or should I wait for instructions? At this point I do not know what to do.

Wait for instructions from the NVC and then the consulate.

K-1 visa

My fiance and I have started the process with ">USCIS for a 129-f petition.Are paperwork was recieved on the 24th of March and it may take up to 5 months to complete our petition.My question is, my fiance is a Canadian and she has a son.we really want to have him start school in California in the city where I reside.We will have him registered in the same school as my son for the up coming 2010 school year.Is there anyway that they can come and stay while the petition is pending so he can start school?We have a home to sell in Canada and want to get that under way as well.

The only way I can think of is driving through from Canada. At the border, his situation should be explained to the CBP officers. It is their discretion to permit or not permit the entry.

K-1 Visa AOS

My fiance came as k-1 and we got married within the 90 days but didn't file for AOS untile a few days before his I-94 expired? What will happen? will they still accept the application or what will we have to do next?

I think you will be fine. As I recall, the law only requires you to get married within 90 days. But confirm this information and do check with a lawyer as to whether you may travel or not while AOS is pending. This could be the only issue I can think of.

Green Card through marriage

My boyfriend is a u.s citizen and we want to get married. The problem is that i came to mexico and i cant go back. I was wondering if there was any visa or anything that he can get for me to go back before i get my greencard. And how long and how much it takes to do the whole process.

You could look into a fiancee visa (K-1). It can take a few months.

K visa

If a person comes to United States with a K1 visa and the petitioner didn't marry him or her what happens to the beneficiary? Especially if the beneficiary is a victim of domestic violence and there is a minor child in between? Is there any change in the law that could benefit the victim?

Such person would be deportable unless they come under Violence Against Women Act (VAWA) or similar provisions.

May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?

May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?

One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can.

In the E visa context, this is what the govt says:

Quote:
9 FAM 41.51 N15 INTENT TO DEPART UPON TERMINATION OF STATUS
(TL:VISA-404; 04-29-2002)

K-3 visa when I-130 approved

We have an appointment set for the K-3 interview in Nairobi. Our I-130 Petition has been approved, ">IV fees payed and documents submitted. We have not seen each other since 12/08. If we go forward with K-3 processing, what are the negative consequences? Will my approved I-130 be cancelled?

In your case, a K-3 cannot be issued. You must wait for IV.

If an I-130 is approved, K-3 can still be approved if the consulate has not yet received OFFICIAL notice of approval of I-130. Note that your I-30 will NEVER be canceled.The recommended practice in K-3 cases is to indicate on the Form I-130 that the beneficiary will apply for AOS. Nevertheless, it is too late for that now. If they have received official notification, then an immigrant visa (green card will be issued) after processing locally. It should not take too much extra time.

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