Q&A: K Visa
Although the K Visa process seems straightforward, some cases can be complicated. If your case is complicated or stuck in long-term processing, please contact Negrette Law for a strategy session.
1. Can I extend my K-1 status beyond the 90-day period?
Unfortunately, no. The K-1 visa holder cannot file for a change or extension of status. This visa serves only one function: admission for the specific purpose of marriage to the U.S. citizen petitioner.
This is a single-entry visa, which permits the holder to enter the U.S. only one time. The K-1 visa holder then has two options: to either get married or depart the country at the expiration of the 90-day period. In practice, a variety of things can happen such as marriage and divorce within the 90-day period or domestic violence between the parties. If you need help, contact Negrette Law as soon as possible. Time is of the essence in these cases!
2. My K-1 visa was approved, now what do I do after I arrive in the U.S.?
You will have 90 days to get married to the U.S. citizen petitioner. When you receive a certified copy of your marriage certificate you should file for lawful permanent residence immediately.
Once you file the next round of paperwork, I do also recommend keeping your address updated with USCIS so you don’t miss any important communications via regular mail: https://www.uscis.gov/ar-11
3. What is a conditional resident and how does that apply to me?
If you were married for less than 2 years on the date you applied for lawful permanent residence, you will have conditions placed on your residence. This means that rather than getting a 10-year permanent residence card, your card will be valid for only 2 years.
At the end of the 2-year period you must file an additional application to remove the conditions on your residence. Only after approval of this additional application will you receive the 10-year permanent resident card.
4. What if my kids can’t get their K-2 visa on the same day as I get my K-1 visa?
Your children may be eligible for the K-2 visa for up to 1 year from the date of issuance of the K-1 visa. This may require a second appointment at the U.S. Consulate.
5. What are red flags that I am in a bad situation?
Domestic violence and abuse are serious concerns that can occur in situations where cultural and language barriers interfere with communication and expression. This may lead to fights and arguments. In the U.S., you have certain rights if you are being abused.
Here are some warning signs:
- Petitioner has filed multiple fiancé(e) petitions in the past
- Petitioner told me about his/her awful criminal history
- Petitioner is very controlling and demanding
Please read this information carefully: https://travel.state.gov/content/visas/en/general/IMBRA.html
The information provided in this post is not legal advice for your particular case.
Contact Negrette Law for a Strategy Session at (619) 356-1448.