FREQUENTLY ASKED QUESTIONS (FAQs)
Dating, engagement, marriage, and green cards – you asked, we answered.
Here are the most common questions we get and our answers.
FAQ
If you wish to work, you will need to file Form I-765 (Application for Employment Authorization). This employment authorization is only valid for 90 days from the date you arrive in the U.S., the same duration as your visa.
Work permission can also be applied for with Form I-485 (Application to Register Permanent Residence or Adjust Status). The work authorization lasts one year, renewable until USCIS issues a decision.
Yes, you will need to show Form I-134 (Affidavit of Support) to receive your K-1 visa at the embassy interview.
K-1 visa holders who marry their partner within 90 days of entering the country may adjust their status to legal permanent residents.
The first step toward getting a green card is to file Form I-485 (Application to Register Permanent Residence or Adjust Status), along with other forms that make up an adjustment of the status application package.
The K-1 visa automatically expires after 90 days, and cannot be extended.
The K-1 visa is only available to the fiancés of U.S. citizens. If your partner is a green card holder, they will only be able to petition for a spousal visa.
There is only one major difference: your relationship status at the time of filing. Fiancés of U.S. citizens can apply for a K-1 visa. If you are the spouse of a US citizen, you can apply for a K-3 visa. Both these visas are only available to partners of U.S. citizens.
USCIS has authorized consular posts to prioritize K visas. For the latest information, check the website of your nearest US Embassy or Consulate.
Form I-129F (Petition for Alien Fiancé(e)) can be extended if the petition is about to expire. This will allow you to avoid having to file a new petition.
Meeting in person is one of the hard requirements for a K-1 visa. If you haven’t met in person yet, you can still get a headstart on the process:
- Understand the requirements – Before you apply, you should read up on the K-1 Fiancé Visa process to learn what is required of you. Understanding the government’s requirements can help avoid delays or common pitfalls when filing.
- Gather evidence of your relationship – Proof of your relationship is important when applying for a K-1 visa because it demonstrates to the government that the relationship is real and that the couple plans to get married within 90 days. Try to paint a picture of your relationship by taking lots of pictures together, keeping receipts from activities, and showing proof of communication. The highly-trained attorneys at AVA will provide you with more personalized examples of relationship evidence when you work with us on your K-1 visa application.
- Make plans to meet in person: buy plane tickets, plan your trip, whatever it takes to meet in person.
If you and your fiancé(e) have not yet been married, and one of you lives outside of the US, you may be wondering which visa is best for you. Couples in this situation generally have two visa options: K-1 Fiancé(e) Visa or CR-1 Spousal Visa. The benefits and disadvantages of each differ, including the time it takes for the government to process your application, the overall cost, and so on. To determine which visa is right for you, check out the comparison chart below.
K1 | 11-17 months | $2025 in total fees (including green card application) | Work and Travel: 4-6 months after filing green card application |
CR1 | 12-18 months | $1200 in total fees | Work and Travel: Immediately after arriving in the U.S. |
In order to obtain a K-1 visa, one must conduct extensive research and pay close attention to detail when filling out the government forms and collecting supporting documents. It can be an expensive and time-consuming process, and if there are any roadblocks in the application, it can set the applicant back months, if not years, and cost thousands more than expected.
An applicant would want to prevent wasting time and money by submitting successfully the first time, and not risk a Request for Evidence or rejection. Similar to government tasks like filing taxes, organizing finances, etc., many people turn to a specific company for help.
Our immigration partners at AVA will assist you from start to finish, helping you avoid rejection, delays, and costly mistakes. So you can file with confidence the first time, our team prepares your application and completes several rounds of anti-rejection reviews (including a review by an independent immigration attorney).
With AVA on your side, you can get seamless support on your next step of immigration – getting a green card. We will prepare your green card application and file it as soon as you’re married. With AVA, you never need to start from scratch when preparing your green card application because we safely store your information and supporting documents. We help K-1 visa holders take the important steps towards independence in the United States by ensuring green card applications are submitted in a timely manner.
We understand that our K-1 clients are eager to travel abroad and work in the U.S. – steps requiring special approval from the government. You can count on our team to assist you with the application and get you on your way to obtaining work and travel authorization as soon as possible.
With AVA as your trusted partner throughout your immigration journey, you can rest assured that your applications will be handled with care. Green card applications that follow K-1s usually take longer and are more complex, with higher financial risks. Because of this, applying for a green card alone can be difficult. We provide you with helpful information about the green card interview, help you respond to government requests, and support you every step of the way until you receive your green card.
Yes! AVA offers low-cost consultations with our attorneys to help you decide the right immigration path for your unique situation! You can schedule a 30 minute consultation with one of our attorneys here.
Follow this link to get started with your K-1 application or check your eligibility. Fill out our online questionnaire so we can learn more about where you’re at in the process and how we can best help you! Let’s get started!