Immigration via the K1 Visa
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Our Experience with the K-1 Visa Process
I enjoy calling my husband an alien. No, he's not an extraterrestrial or from another planet. He's from England, but relocating to Texas to marry me makes him an alien.
The K-1 Visa process for his relocation and our marriage has taken years and quite a bit of money. Anyone considering marrying someone from another country really needs to do their homework on the laws and do not assume anything.
I want to share my experience with you and let you know the things that I believed helped us. Please understand that every situation is different and I am by no means offering legal advice. If your situation has complications you don't see covered on an official government website, you very well may need to hire an attorney specializing in immigration.
First, you will want to locate your government's OFFICIAL website. There are lots of unofficial websites out there and they will give you conflicting advice. However, one thing that everyone agrees on is the importance of good documentation.
These are the steps we took to obtain a K-1 Visa (aka Marriage Visa) and my advice based on my specific experience:
- The U.S. citizen (Petitioner) in a K-1 Visa is responsible for gathering various documents to send with official form(s). Make sure you fill out all the requested information neatly and completely. Send original documents only when you are required to. Copies should be sent when allowed.
- Assemble all the forms and supporting documentation in the order requested and attach a cover letter itemizing all the items you're sending
- Make a copy of everything for your records. You'll be glad you did if anything should turn up missing.
- Mail the form(s), documentation, and proper fee (for us it was over $300) to the USCIS Service Center appropriate for your area. This address can be found on their website. It does change sometimes due to workload. Fees also change. Make sure the amount you send is correct. It will be rejected if it is not correct.
- Do NOT make any travel or wedding plans until your VISA is formally approved. You cannot guarantee the timeline of any of this process.
- The USCIS will send you confirmation once they have received your documentation called a Notice of Action (NOA). You will receive another notice (NOA) once they have approved your petition. Once the Service Center has approved your petition they will forward it to the National Visa Center.
- The National Visa Center will notify the U.S. Embassy located in the country foreign Beneficiary (your fiancé/fiancée) is a citizen in.
- The Embassy will notify the Beneficiary with a checklist of documentation to gather. Promptly return the documentation.
- The Embassy will notify the Beneficiary of the date and time of a scheduled medical exam located at a physician in the Embassy town. This can mean extra travel and expense depending on how far your fiancé/fiancée lives from the physician's office and what time the appointment is. There is a fee involved. For us, it was close to $500 plus travel expense.
- The Embassy will notify the Beneficiary of a time and date to come in for an interview. Again, this may cause extra travel expense. Be prompt. Please understand that the Embassy has tight security and will not allow some items. Don't take anything with you that may cause you problems. Use common sense.
- At the interview, be polite and understand the seriousness of the procedure and the importance of being honest.
- Assuming all is well with the medical and the interview, the Embassy will notify the Beneficiary that the K-1 Visa is approved. For us, from the time we mailed the initial paperwork until my fiancé received his Visa approval was 5 months.
- Once the K-1 Visa is approved there is a 6 month window for the Beneficiary to travel to the United States. Now is when you want to book your travel and plan your wedding date.
- The beneficiary will be met at the point of entry into the United States and will receive an I-94 that will be attached to his/her passport. This starts the 90-day window for getting married. It is beneficial to get married early in the 90-day period if at all possible. If the ability to work immediately upon entering the United States is important to you, you will want to check on temporary work authorization.
- As soon as possible, you'll want to apply for a social security card. We did this his first week here. The SS card he received in the mail indicated that DHS (Department of Homeland Security) approval was required for work authorization. Authorization will come with the approval of a ‘change of status'. We tried to apply for his Texas Driver's License but unless we could show at least 6 months prior to expiration of a Visa, they required a change of status before they would approve the driver's license. Since the K-1 visa is only valid for 90 days upon entry, the K-1 visa would never work for getting a Texas Driver's license. We'd have to get the change of status first.
- Immediately, after getting married you will want to promptly file a change of status. The form, fee and address can be found on the official website. You want it to be approved before the K-1 expires and that doesn't give you much time. There is a hefty fee for this filing. For us, this was over $1,000. That's a lot of money considering all the costs you've already had, plus all of the relocation and travel expenses, and a wedding.
- You'll receive notice of a Biometrics appointment at the closest service center. Again, travel may be involved. We were scheduled at a location about an hour away.
- The work authorization was received about a month after they received the application and the Permanent Residency card was received 3 ½ months after the forms were received by them.
Immigration Visas in the News
- Colleges may face ban on taking foreign students in visa crackdownTimes Online2 hours ago
Ministers are moving to crack down on abuse of the student and graduate visa systems in an attempt to get to grips with illegal immigration.
- Ban on family to work visaZawya17 hours ago
02 December 2009 KUWAIT CITY - The Ministry of Social Affairs and Labor started Tuesday the implementation of a directive from the General Immigration Administration at the Ministry of Interior, which banned the transfer of family visa to work visa without obtaining approval from the administration, reports Al-Qabas daily quoting sources.
- Bloggings On Updates In Immigration LawImmigration Portal6 hours ago
Immigration attorneys are all too aware that U.S. immigration laws are so overly strict our last three Presidents would all be ineligible to even visit our country, much less to qualify for green cards.
- Tier 1- General Highly Skilled Migrant Extension for HSMP visa holdersNew Zimbabwe1 second ago
Under this category, if you are unable to qualify for an extension to your highly skilled migrant visa, there are transitional arrangements in place to allow you to move to another Tier, such as Tier 2 for skilled workers.
- Bloggings On Nurse And Allied Health ImmigrationImmigration Portal6 hours ago
CGFNS was reauthorized by the Department of Homeland Security to issue Visa Screens and Healthcare Worker Certificates, effective November 19, 2009. The reissuance is valid for seven years and covers all seven occupations covered under INA 212(a)(5)(C). The Seven occupations are: registered and licensed vocational nurses, physical therapists, speech language pathologists, audiologists, medical ...
- 'Feds will see need for NMI-only H-2 visa'Saipan Tribune12 hours ago
Outgoing Saipan Chamber of Commerce president Jim Arenovski reiterated yesterday that the “true solution” to the mandated reduction in the number of foreign workers is the establishment of a CNMI-only H-2 visa.
- Headley's immigration service client deported by US to Indiarediff.com13 hours ago
An Indian who used the services of Mumbai-based immigration offices of terror suspects David Headley and Tahawwur Rana has been deported by US authorities to India after his documents were allegedly found to be false. The person (name withheld) hailing from Gujarat arrived at the Indira Gandhi International Airport in Delhi early on Thursday morning, airport sources said.
- 15. Ex-Immigration boss approved 3,000 visas in two months, court toldThe Star14 hours ago
Former Immigration director-general Datuk Wahid Md Don approved almost 3,000 visas for Bangladeshi workers in a period of two months, the Sessions Court heard.
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Comments
Thank you, Benson!
Immigration is always complicated isn't it?
It sure seems like it Emigrate. I guess it should be to some extent, but man, there is a lot to it.
Thank..you ..helpful. I am wondering, If we have a lawyer and get married in Feb. How many months after filing all paper work interviews...can we return to his country. I spend half the year in his Country and half in the USA...??? Help
dawn
It's a great question for an attorney, Dawn. I would ask them. I'm certainly not an attorney, and I have wondered about that type of thing myself. In our case, we have not even dared to leave the state until his conditional residency is up. I personally think it's better to stay put for a couple of years.
Hi KCC - I entered the country on a K1 Visa and am now going through the process of trying to get my change of status. I recieved my temporary work permit in the mail today - it didnt take too long.
Dawn Gray - You cannot leave the country until your change of status has been approved and even with a lawyer this could take time. What you can do is when you file for the change of status you can request advanced parole which will allow you re entry into the US. I am trying to obtain one of these documents to go home to south africa for christmas. For more info see my blog - if you have any questions please shout!
KCC - is everything now completed for your husband?
We are due to file again in June (actually 90 days before then) to have the conditional part of his residency removed. He's in that 2 yr period from when we filed for change of status the first time.
It is never ending!!!
I have just received my temp work permit and advanced parole so I'm smiling today!
Congrats Tori! Yes, it is never-ending.












Benson Yeung says:
14 months ago
that's interesting and useful.
welcome on board.