Frequently Asked Questions
Can my fiancé(e) work on a K-1 visa?
Yes. After being admitted into the U.S., a foreign fiancé(e) 0f a U.S. citizen may immediately apply for employment authorization using Form I-765. The employment authorization, however, would only be valid for 90 days while the marriage is performed. Once married, you may extend the employment authorization by filing a new Form I-765 with the Form I-485, Application to Adjust Status.
What happens after I file the petition for my fiancé(e)?
If the petition for your fiancé(e) is approved and a visa is granted, the fiancé(e) will be admitted into the U.S. for 90 days, the time frame in which the marriage must be performed. Once married, the fiancé(e) may file a Form I-485, Application to Adjust Status. Consult with one of our attorneys and refer to the Adjustment of Status section for further requirements for Adjustment of Status.
After the visa is granted, how much time do my fiancée and I have to marry?
A foreign fiancé(e) who arrives in the U.S. on a K-1 visa, must marry the U.S. citizen fiancé(e) within 90 days of arriving. If the marriage is not performed within 90 days, the fiancé(e)’s status expires and the fiancée should leave the United States after the 90 days.
My foreign fiancé(e) and are engaged but we do not intend to marry within 90 days. Is my fiancé(e) is eligible for a K-1 visa?
No. The purpose of the K-1 visa is to specifically allow the fiancé(e) of a U.S. citizen to arrive to the United States in order to marry. In order to petition for a fiancé(e), the U.S. citizen petitioner must show intent to marry within 90 days.
My fiancé(e) is already in the United States. Do I need to file a I-129F Petition?
No. If your fiancé(e) is already in the United States, you may file a I-130 for your fiancée as your spouse once your are married. Furthermore, if your fiancé(e) entered the using a visa other than a K-1 visa, then he or she may simultaneously file an I-485, Application to Adjust of Status with the I-130 petition. If your fiancé(e) entered unlawfully, then you may still file an I-130 petition; however, he or she would be ineligible for adjustment of status and will require consular processing.
Mathew HigbeeAttorney at LawMathew Higbee utilizes his unique blend of legal and professional experience to deliver success for his clients. He has handled a wide-range of cases in both criminal and civil courts. He has served as a prosecutor and defense counsel. He is a frequent commentator and guest writer for various media.
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