Questions About the K1 Visa Process
A K1 visa is given to allow the non-US fianc©/fianc©e of a US citizen to enter the country to get married. Answered below are some of the important questions about the K1 visa process that have been asked by different people:
Is it possible for a person who entered the US on a K1 visa to marry someone other than the person who petitioned for the visa?
A person who enters the US on a K1 visa may only marry the person who petitioned for the visa. He/she may not be allowed to marry someone else. If the marriage is called off after the person enters the US, he/she may leave the country and apply again for a new K1 visa to marry someone else.
Is it normal for a person to not get information about the status of his/her K1 visa for a period of 6 months?
There is no particular time frame in which a person's K1 visa may be approved or rejected. Though, in most situations, it may take between 30 and 60 days to either approve or reject a K1 visa, it may not be normal if a person does not get information about it for 6 months.
Can a person enter the US on a B1/B2 visa when his/her K1 visa application is pending approval?
It may not be possible for a person to enter the US on a B1/B2 visa when his/her K1 visa application is pending approval. This is because it will be obvious by then that the person is trying to migrate to the US. It would be better if the individual stayed back in his/her country and waited for the K1 visa to be approved.
Will a DUI offense lead to rejection of a K1 visa application? What would be the consequences if the person by mistake omitted the conviction in the application?
A K1 visa application may not be rejected only because of a DUI conviction. However, if the concerned authorities feel that the DUI conviction was due to a mental disorder and the person may indulge in harmful behavior, then his/her visa application may be rejected.
If the person omits the DUI conviction by mistake in the visa application, he/she may contact the consulate and inform them about it in writing. The application can get rejected if the authorities find out that the conviction was purposely omitted. It will look like a genuine mistake if the individual provides the correct information to the consulate before the mistake is discovered.
An individual's marriage was called off after a K1 visa application was filed. Can another person file a new K1 visa application for the same individual in such a scenario?
The fact that a K1 visa application was rejected because of the marriage being called off may not prevent the person from applying for another K1 visa. It may be rejected only if the authorities find any other reason for rejection. However, the individual may be asked for clarifications and information regarding the previous application at the consulate.
Can a person continue to make regular visits to the US when his/her K1 visa is being processed?
If a person's K1 visa is being processed, then the border patrol database of the country will show him/her as an applicant for the visa when he/she enters the country. In most situations, the individual may not be allowed to enter the country if the K1 visa is being processed. However, there could be exceptions to this if the individual shows proof of property, financial ties and employment in his/her home country.
A person got married in the US after entering the country on a K1 visa. However, there is an emergency in his/her home country and as a result he/she needs to go back before the application for the adjustment of status is filed. Can the individual, in such a scenario, leave the US and come back on the K1 visa?
The K1 visa is a single entry visa and the individual may not use it for multiple entries into the country. The individual in a situation like the one mentioned above, may have to immediately file for an adjustment of status. If it is not possible to apply for the adjustment of status, the individual may apply for an emergency advance parole with the local USCIS office. If this is granted, then the individual may be allowed to leave the US and reenter.
It could be complicated and confusing to apply for a K1 visa. There may be a lot of paperwork and procedures that an individual needs to follow while applying for the visa. You should not make any mistakes in the application in order to avoid rejection of the application. You may ask an immigration lawyer if you need any help with filling a K1 application or generally need more information about the visa.
Is it possible for a person who entered the US on a K1 visa to marry someone other than the person who petitioned for the visa?
A person who enters the US on a K1 visa may only marry the person who petitioned for the visa. He/she may not be allowed to marry someone else. If the marriage is called off after the person enters the US, he/she may leave the country and apply again for a new K1 visa to marry someone else.
Is it normal for a person to not get information about the status of his/her K1 visa for a period of 6 months?
There is no particular time frame in which a person's K1 visa may be approved or rejected. Though, in most situations, it may take between 30 and 60 days to either approve or reject a K1 visa, it may not be normal if a person does not get information about it for 6 months.
Can a person enter the US on a B1/B2 visa when his/her K1 visa application is pending approval?
It may not be possible for a person to enter the US on a B1/B2 visa when his/her K1 visa application is pending approval. This is because it will be obvious by then that the person is trying to migrate to the US. It would be better if the individual stayed back in his/her country and waited for the K1 visa to be approved.
Will a DUI offense lead to rejection of a K1 visa application? What would be the consequences if the person by mistake omitted the conviction in the application?
A K1 visa application may not be rejected only because of a DUI conviction. However, if the concerned authorities feel that the DUI conviction was due to a mental disorder and the person may indulge in harmful behavior, then his/her visa application may be rejected.
If the person omits the DUI conviction by mistake in the visa application, he/she may contact the consulate and inform them about it in writing. The application can get rejected if the authorities find out that the conviction was purposely omitted. It will look like a genuine mistake if the individual provides the correct information to the consulate before the mistake is discovered.
An individual's marriage was called off after a K1 visa application was filed. Can another person file a new K1 visa application for the same individual in such a scenario?
The fact that a K1 visa application was rejected because of the marriage being called off may not prevent the person from applying for another K1 visa. It may be rejected only if the authorities find any other reason for rejection. However, the individual may be asked for clarifications and information regarding the previous application at the consulate.
Can a person continue to make regular visits to the US when his/her K1 visa is being processed?
If a person's K1 visa is being processed, then the border patrol database of the country will show him/her as an applicant for the visa when he/she enters the country. In most situations, the individual may not be allowed to enter the country if the K1 visa is being processed. However, there could be exceptions to this if the individual shows proof of property, financial ties and employment in his/her home country.
A person got married in the US after entering the country on a K1 visa. However, there is an emergency in his/her home country and as a result he/she needs to go back before the application for the adjustment of status is filed. Can the individual, in such a scenario, leave the US and come back on the K1 visa?
The K1 visa is a single entry visa and the individual may not use it for multiple entries into the country. The individual in a situation like the one mentioned above, may have to immediately file for an adjustment of status. If it is not possible to apply for the adjustment of status, the individual may apply for an emergency advance parole with the local USCIS office. If this is granted, then the individual may be allowed to leave the US and reenter.
It could be complicated and confusing to apply for a K1 visa. There may be a lot of paperwork and procedures that an individual needs to follow while applying for the visa. You should not make any mistakes in the application in order to avoid rejection of the application. You may ask an immigration lawyer if you need any help with filling a K1 application or generally need more information about the visa.
Source...