K-1 visa process can i travel?

Sylvia Hintz asked a question: K-1 visa process can i travel?
Asked By: Sylvia Hintz
Date created: Tue, Mar 9, 2021 2:44 PM
Date updated: Thu, Sep 22, 2022 12:38 PM


Video answer: Can fiance visit usa while k1 visa application in process? k137

Can fiance visit usa while k1 visa application in process? k137

Top best answers to the question «K-1 visa process can i travel»

  • You can only enter the United States once on a K1 visa, so don't make international travel plans until you have received a green card. After filing for an AOS, you might be able to apply for Advance Parole to leave and re-enter the country.

Video answer: K1 visa process | how k1 visa works | procedure for k1 visa

K1 visa process | how k1 visa works | procedure for k1 visa

10 other answers

The K-1 visa permits the foreign-citizen fiancé (e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS).

and a single entry into the United States — meaning the fiancé or fiancée has no more than 6 months to travel to the United States and seek admission. As with any visa, the K-1 nonimmigrant visa simply allows an individual to travel to the United States to seek admission at a port of entry. Having a K-1 visa does not guarantee admission.

It's best to avoid leaving the country while on a K1 visa. Technically you could apply for a travel document (advance parole), but by the time you get it, your K1 visa will likely be expired anyways. The conventional thing to do in this situation is to apply for your adjustment of status and get your green card.

You can travel; however, you may be subject to additional scrutiny. Traveling under another visa status or the visa waiver program is not advised for K-1 fiancé(e) visa applicants prior to the approval of their K visa as they have already indicated their intention is to marry in the U.S.

With a pending K1 visa, you can still visit the US on the visa waiver program. However, this doesn’t guarantee that you will be allowed to enter the US. Be sure to bring the evidence of your ties to your home country to avoid being turned away at the airport.

It’s important to have an understanding of the K-1 visa processing time line and be flexible. The K-1 visa process stipulates that the foreign national must marry the U.S. citizen within 90 days of entering the U.S. For most, this time line makes it difficult to have a large wedding at a popular venue.

As a K-1 fiancé visa holder, you are still subject to the travel restrictions of the K-1. Your K-1 is only valid for one entry to the United States. If you leave the U.S. on your K-1 visa, you will not be able to reenter. United States Citizenship and Immigration Services (USCIS) views your departure from the United States as an abandonment of your K-1 status.

If DOS issues a K-1 nonimmigrant visa, your fiancé(e) travels to the United States and seeks admission at a port of entry while the K-1 nonimmigrant visa is valid. As with any visa, a K-1 nonimmigrant visa does not guarantee admission to the United States. A CBP officer at the port of entry will make the ultimate decision about whether to admit your fiancé(e). Step 4: Marriage. If your fiancé(e) is admitted as a K-1 nonimmigrant, you and your fiancé(e) have 90 days to marry ...

If the foreign national spouse/family member already has a valid visitor’s visa stamped in his/her passport, he/she can try to enter the US for a temporary visit while waiting for a green card. After the visit, the foreign national should return home and process the immigrant visa (or K-1 visa) at the US consulate there, as originally planned.

The I-129F Petition for Alien Fiancé (e) is typically valid for four months; however, consular officers may revalidate the I-129F petition in four month increments. For most cases impacted by the suspension of routine visa services or COVID-19 travel restrictions it will not be necessary to file a new I-129F petition.

Your Answer

Video answer: Can same sex partners get a k1 fiancé visa?

Can same sex partners get a k1 fiancé visa?