6. Can the Foreign National Fiancé(e) Travel In and Out of the U.S. Freely While on a K-1 Visa?
No. A foreign national fiancé(e) cannot travel in and out of the U.S. multiple times on a K-1 visa. The K-1 visa is single-entry visa. If the foreign national fiancé(e) leaves the United States after entering on a K-1 visa, then he or she may not re-enter the U.S. on the same visa.
7. Are Children of a Foreign National Fiancé(e) Eligible to Travel to the U.S. with their Parent?
If the child is under 21 years old and is not married, a K-2 visa may be obtained for the child. The U.S. citizen petitioner has to include the name(s) of his or her foreign national fiancée’s child(ren) on the Form I-129F fiancée petition for them to be eligible to obtain the K-2 visa. The child(ren) do not have to be related to the U.S. citizen petitioner.
8. How Long Does it Take to Get a K-1 Visa?
The length of time varies from case to case and according to specific circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information (It is important to give correct addresses and telephone numbers.) Some visa applications require further processing, which takes additional time after the visa applicant’s interview by a Consular Officer.
9. What Should a Foreign National Fiancé(e) Do After Entering the U.S. on a K-1 Visa?
After coming to the U.S. on a K-1 fiancé(e) visa, the foreign national fiancé(e) must get married to the U.S. citizen petitioner within 90 days of his or her arrival in the United States. After getting married within the 90 days, the foreign national spouse must file the Adjustment of Status application in order to obtain conditional permanent residence or the conditional Green Card.
10. Is the Foreign National Fiancé(e) Allowed to Work While He or She is in the U.S. on a K-1 Fiancé(e) Visa?
Yes, the foreign national fiancé(e) is allowed to work in the U.S., but only after receiving work authorization from USCIS. The foreign national fiancé(e) should use Form I-765 to apply for a work permit upon entry to the U.S. on the K-1 visa. If a foreign national fiancé(e) applied for work authorization upon arrival they must re-apply when they apply for adjustment to permanent resident status.