frequent k-1 questions
Dec 15th 2003, 5:45 pm
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frequent k-1 questions
Frequently Asked Questions About the K1 Fiance(e) Visa
How does one apply for a K1 visa?
A Filipino fiance(e) needs an approved I-129F petition to apply for a “K1� visa. Only a U.S. citizen may file a fiance(e) petition and this is done at the Bureau of Citizenship and Immigration Services office that has jurisdiction over the place where he/she resides.
What are the documents a K1 applicant needs to submit?
A fiance(e) is considered an intending immigrant and therefore must present documents similar to those required for an immigrant visa applicant. These include: a valid Philippine passport, a copy of your birth certificate issued by National Statistics Office (NSO) and printed on NSO security paper; legal documents proving the termination of a previous marriage; NBI clearance, police certificates from all foreign countries where the applicant lived for at least six months starting at the age of 16; evidence of the relationship with the petitioner; evidence of financial support; a medical examination completed by St. Luke’s Medical Center Extension Clinic and visa photographs. Evidence must be presented that the couple met in person within the past two years before the petition was filed.
Can an applicant request an earlier visa appointment?
If an applicant wishes to advance the visa interview appointment, he/she should write the Embassy or call the Immigrant Visa Call Center to request an earlier appointment. Requests for earlier appointments are granted only on a space available basis. Fiance(e) visa applicants are scheduled for interviews only on Fridays.
How much time is given to complete the K1 visa application?
A K1 petition is valid for four months from the date of its approval. But this may be revalidated by a consular officer provided that both parties are still legally free to marry. It is recommended to gather all the necessary documents for visa interview appointment as soon as possible.
Does the “K1� visa grant an immigrant status and entitle the Filipino fiance(e) to a green card?
No, it does not. The K1 visa is a non-immigrant visa, which allows the holder to stay in the United States on a temporary basis. After the marriage takes place, the alien spouse must contact the BCIS to obtain conditional permanent residence status. The Filipino spouse may apply for removal of the conditional status and become a lawful permanent resident after two years.
What should the Filipino fiance(e) do upon entry into the United States?
The Filipino fiance(e) has 90 days from admission into the United States to marry his/her petitioner. The K1 visa does not allow the bearer to marry anyone other than the petitioner. After the marriage, the couple must contact the BCIS to register for conditional permanent resident status for the Filipino spouse. Contact the BCIS in the United States for further information regarding the K1 visa bearer’s status while in the United States.
Can the K1 visa be used to travel in and out of the United States?
No. The K1 visa is a single-entry visa, which means that the K1 bearer who leaves the United States without changing marital and immigration status will not be able to re-enter the country on the same visa. A new petition and visa would be required.
What are the main reasons a K1 visa is denied?
K1 applications are subject to the same review standards as immigrant visa applications. The main reasons for visa refusal are: lacking documentation; need to review or verify evidence; lack of petitionable relationship; misrepresentation of facts, medical and criminal grounds and potential public charge.
A common basis for refusal is a prior marriage for the beneficiary or the petitioner that has not been legally terminated. There is no divorce in the Philippines. A consular officer will only accept a death certificate or a court ruling of annulment or of presumptive death as evidence that a Filipino marriage has been terminated. An American may terminate a Filipino marriage through a U.S. divorce.
Can family members of the Filipino fiance(e) be included in the petition?
Only the unmarried, minor children (below 21 years old) of the Filipino fiance(e) can be included in the K1 petition and are eligible to apply for a K2 visa. If they are unable to depart with their Filipino parent, children who are named in the petition have one year (from the time the K1 visa is issued) to be issued K2 visas. They must apply for visas in a timely manner to allow visa issuance within the required time, otherwise the children will no longer be able to derive any immigration benefit from their parent’s K1 visa and new immigrant visa petitions need to be filed on their behalf.
Can the Filipino fiance(e) work in the U.S. with a K1 visa?
Yes. When the fiance(e) enters the United States he/she will be eligible to apply for a work permit with the BCIS
How does one apply for a K1 visa?
A Filipino fiance(e) needs an approved I-129F petition to apply for a “K1� visa. Only a U.S. citizen may file a fiance(e) petition and this is done at the Bureau of Citizenship and Immigration Services office that has jurisdiction over the place where he/she resides.
What are the documents a K1 applicant needs to submit?
A fiance(e) is considered an intending immigrant and therefore must present documents similar to those required for an immigrant visa applicant. These include: a valid Philippine passport, a copy of your birth certificate issued by National Statistics Office (NSO) and printed on NSO security paper; legal documents proving the termination of a previous marriage; NBI clearance, police certificates from all foreign countries where the applicant lived for at least six months starting at the age of 16; evidence of the relationship with the petitioner; evidence of financial support; a medical examination completed by St. Luke’s Medical Center Extension Clinic and visa photographs. Evidence must be presented that the couple met in person within the past two years before the petition was filed.
Can an applicant request an earlier visa appointment?
If an applicant wishes to advance the visa interview appointment, he/she should write the Embassy or call the Immigrant Visa Call Center to request an earlier appointment. Requests for earlier appointments are granted only on a space available basis. Fiance(e) visa applicants are scheduled for interviews only on Fridays.
How much time is given to complete the K1 visa application?
A K1 petition is valid for four months from the date of its approval. But this may be revalidated by a consular officer provided that both parties are still legally free to marry. It is recommended to gather all the necessary documents for visa interview appointment as soon as possible.
Does the “K1� visa grant an immigrant status and entitle the Filipino fiance(e) to a green card?
No, it does not. The K1 visa is a non-immigrant visa, which allows the holder to stay in the United States on a temporary basis. After the marriage takes place, the alien spouse must contact the BCIS to obtain conditional permanent residence status. The Filipino spouse may apply for removal of the conditional status and become a lawful permanent resident after two years.
What should the Filipino fiance(e) do upon entry into the United States?
The Filipino fiance(e) has 90 days from admission into the United States to marry his/her petitioner. The K1 visa does not allow the bearer to marry anyone other than the petitioner. After the marriage, the couple must contact the BCIS to register for conditional permanent resident status for the Filipino spouse. Contact the BCIS in the United States for further information regarding the K1 visa bearer’s status while in the United States.
Can the K1 visa be used to travel in and out of the United States?
No. The K1 visa is a single-entry visa, which means that the K1 bearer who leaves the United States without changing marital and immigration status will not be able to re-enter the country on the same visa. A new petition and visa would be required.
What are the main reasons a K1 visa is denied?
K1 applications are subject to the same review standards as immigrant visa applications. The main reasons for visa refusal are: lacking documentation; need to review or verify evidence; lack of petitionable relationship; misrepresentation of facts, medical and criminal grounds and potential public charge.
A common basis for refusal is a prior marriage for the beneficiary or the petitioner that has not been legally terminated. There is no divorce in the Philippines. A consular officer will only accept a death certificate or a court ruling of annulment or of presumptive death as evidence that a Filipino marriage has been terminated. An American may terminate a Filipino marriage through a U.S. divorce.
Can family members of the Filipino fiance(e) be included in the petition?
Only the unmarried, minor children (below 21 years old) of the Filipino fiance(e) can be included in the K1 petition and are eligible to apply for a K2 visa. If they are unable to depart with their Filipino parent, children who are named in the petition have one year (from the time the K1 visa is issued) to be issued K2 visas. They must apply for visas in a timely manner to allow visa issuance within the required time, otherwise the children will no longer be able to derive any immigration benefit from their parent’s K1 visa and new immigrant visa petitions need to be filed on their behalf.
Can the Filipino fiance(e) work in the U.S. with a K1 visa?
Yes. When the fiance(e) enters the United States he/she will be eligible to apply for a work permit with the BCIS
