K1 Fiancee Visa

Frequently Asked Questions & Answers

16. Can I apply for a fiance visa if my fiance is still married?

The fiance visa petition cannot be filed until you are both legally free to marry. Therefore, you will be required to wait until your fiance’s divorce is finalized.

17. We only wish to travel to the U.S. to marry. We will return to our home country after the marriage. Do we still need a fiance visa?

If you are traveling to the U.S. to marry a U.S. citizen with the intention of returning to your place of permanent residence abroad, you may apply for a visitor (B-2) visa, or if eligible, travel without a visa under the Visa Waiver Program. Evidence of a residence abroad to which the B-2 visa holder or visa wavier traveler intends returning should be carried for presentation to an immigrant inspector at the port of entry.

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18. Can I enter the U.S. on a fiancee visa, marry and then leave the U.S for my honeymoon?

On marriage, you must contact the BCIS for further information. If you leave the U.S. without obtaining BCIS permission to re-enter the country, you will be required to apply for an immigrant visa in order to return. This could delay your return by three to six months.

19. Can I travel to the U.S. while my application for an immigrant or fiance visa is being processed?

No, if you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiance visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiance visa. When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to U.S. immigration evidence of your residence outside the U.S. If the BCIS inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the U.S.

20. Can I change to K-1 status while I am in the U.S.?

No, you may not change status to K-1 while you are in the U.S. The K-1 visa is solely available to finace’s of U.S. citizen’s outside the U.S. to enter into the U.S. and marry the U.S. citizen.