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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