Below are a number of frequently asked questions by our clients and prospective clients. If you have a question or concern that is not addressed below, and you are thinking about hiring us, feel free to contact us and we will be happy to answer any other questions you may have.
Once approved, how long is the I-129F Petition valid for and what happens if it expires before the fiancee’s K1 Visa interview?
Approved I-129F Petitions are valid for four months. Once they expire, they may be re-validated by a Consular Officer at the US Embassy of record prior to the interview.
Once the K1 Visa is issued, how long does the fiancee have to enter the United States?
A K1 Fiancee Visa is valid for a period of six months and, generally, may only be used for one entry into the United States. However, in certain extreme hardship cases we have had client’s k1 visas extended and even re-issued after entry to the United States has occurred.
Will the Foreign Fiancee be able to work once they enter the United States?
Yes. Once they enter the United States on a K1 Fiancee Visa, they may immediately apply for a Work Authorization Permit. However, since the foreign fiancee must re-apply for a Work Permit after the filing of an adjustment of status (which is required after the marriage), we generally recommend waiting until after the marriage takes place.
Can the Foreign Fiancee’s children come to the United States prior to the marriage?
Yes. The children are eligible for K2 Visas which would allow them to accompany the Fiancee or follow the Fiancee within 6 months of visa issuance. If the children do not apply for a K2 Visa, they may also be eligible for a K2 Visa after the Fiancee is married as long as the children apply within 1 year of the Fiancee’s Visa issuance.
Can U.S. Citizens apply for more than one I-129F Petition?
Under the Immigration Marriage Brokers Act of 2005, U.S. Citizens are only permitted to file up to two (2) Petitions. In addition, the second petition must be at least 2 years from the time that the first petition was filed. However, if one of the marriages from a prior K1 Visa does not take place and the foreign fiancee never came to the U.S. or leaves the U.S., the U.S. Citizen may be permitted to petition for the same fiancee or another one in the future (even if they filed 2 petitions) by requesting a waiver. While waivers are never guaranteed, this firm has had several successful ones under the above circumstances.
Is the Visa issued immediately following the embassy interview?
Each embassy has its own unique procedures. Some issue the Visa on the same day and others process it within a few weeks and have it mailed by courier. For more on this, click here: K1 Fiancee Visa Processing Times.
Can a Permanent Resident use the K1 Visa Procedure?
No. Unfortunately, this benefit is only available to U.S. Citizens and you must be a U.S. Citizen to be eligible to file for a K1 Visa Petition.
What are the government fees and other costs for filing?
The following costs are associated with the filing of a K1 Visa: I-129F Petition Fee-$535.00; Medical Exam Fee-$150-$250 depending upon country; US Embassy Processing Fee-$265.00.
What are the government fees for filing for the Green Card, Travel, and Work Permits after the marriage in the U.S.?
The following USCIS costs are associated with the filing of the Foreign Fiancee’s Green Card, Work, and Travel Permit-$1225.00 for the Foreign Fiancee and each K2 child over the age of 14, and for K2 children under 14-$750.00.
