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I would like to file a K-1 Fiancee visa petition for my fiancée.  However, I only have a green card.  Can I apply for the Fiance Visa  anyway?

One of the requirements for obtaining a K-1 Fiance visa is that the petitioner must be a United States Citizen.

If you only have a green card (you are a lawful permanent resident) then you cannot have a K-1 fiance visa approved.  If you think that you qualify for citizenship (you should talk to an Immigration Attorney to make sure that you do qualify) then you should seriously consider filing for your US Citizenship.

Do not file your K-1 fiancee visa petition until you actually have become a United States Citizen.  If you have merely filed to become a U.S. Citizen you do not qualify to file a K-1 fiance visa. You actually need to be a U.S. Citizen in order to meet this requirement.  Fiance visa cases are regularly denied when petitioners file their fiance visa cases before they are ready to be filed.  Make sure that you qualify to file your fiance visa.

If, for some reason you do not qualify to become a US Citizen then in order to bring your fiance into the United States you would have to marry your fiance and then do a marriage based visa as a lawful permanent resident.  The waiting period, if you follow this route, will be substantially longer.

If you are thinking about filing a fiance visa you should read our blog post: “ Top 10 Things You Should Know About the Fiance Visa Process.”

This post is under Fiance Visa Attorney and Fiance Visa Lawyer . This article is just a basic introduction to this topic. You should seek a competent Immigration Attorney to review your specific facts and circumstances before proceeding with your case.

Lawrence Gruner is a Fiance Visa Attorney with over 20 years of experience handling fiance visa and other immigration cases. He handles Immigration cases throughout  the United States and the World. He may be reached toll free at 888-801-6558 or you may email him at attorneygruner@gmail.com

He would be happy to talk to you about all of your immigration options and help you put together an immigration plan.  There is no charge for the initial consultation.

The information provided on this site is not legal advice but general information only. Laws do change and additional laws may apply in your case. Every case is different. Please contact our office or the office of another immigration attorney to review your matter prior to filing any documentation with USCIS.

I would like to marry my high school girlfriend from Turkey.  We have not seen each other in 20 years.  However, we talk on the phone , email each other, and skype each other regularly.  Can I do a K1 Fiance Visa for her?

No.  Under this fact pattern you are not currently eligible to successfully obtain a K1 fiance visa for her.

One of the requirements for a K1 fiance visa is that you have seen your fiancé face-to-face and in person within the last two years.  USCIS strictly enforces this requirement.

In your situation, even if your fiancé is your high school girlfriend, if you have not seen her, face to face and in person, within the last two years, then you will not have met this requirement.  Therefore your  K1 visa petition will not be granted.  In your case I would suggest that you meet with her, in person, before filing for the K1 fiance visa. (Seeing each other over the internet via Skype does not meet this requirement.  It is not enough).

If you cannot meet your fiancé face to face and in person because of cultural, religious or extreme hardship (medical) reasons you may be able to obtain a waiver of this requirement.

If you are unable to visit your fiance due to financial reasons you should save up or borrow the money in order to visit each other.  USCIS will not waive the in person meeting requirement due to financial difficulties. If you have a medical, cultural or religious basis for not meeting your fiance in person you should consult with an experienced fiance visa Attorney about the possibility of a waiver of this requirement.

If you would like more information about the fiance visa process please read our blog article: “Top 10 Things You Should Know About the Fiance Visa Process“.

In 2019 the denial rate for fiance visa cases nationwide is about 50%.  Our office has an approval rate of almost 100% during this same period.

Lawrence Gruner is a fiance visa attorney  with over 20 years of experience handling fiance visa cases.

His office  is located in downtown Sacramento, California.  He would be happy to talk to you about your Immigration case and all of your immigration options. You may call us toll free at 888-801-6558 or email us at attorneygruner@gmail.com

The information provided on this site is not legal advice but general information only. Immigration laws and requirements do change and different laws can apply to your case.  Immigration cases can be very complicated.  Every case is different.  You should talk to a competent Immigration Attorney prior to proceeding with any Immigration case.

I entered the United States with a K1 Fiance Visa.  It has been almost 90 days and we have not gotten married.  Can I extend the fiancé visa for more time to make a decision or should I just leave?

 A. No, you cannot file to extend your fiancé visa.

If you enter the United States on a K1 fiance visa then you will want to marry the U.S. citizen, who filed the petition for you, within 90 days.

If you cannot, for some reason, get married during this 90 day period then you should consult with an Immigration Attorney.  The attorney can work with you to make sure that you do not run into problems with USCIS.  The sooner you do this the better.

If You Will Not be Marrying the U.S. Citizen

If you will not be getting married to the U.S. Citizen, who filed the fiance visa for you (you cannot get your green card through a different U.S. Citizen) you should leave the United States before the 90 day fiance visa period expires.

If your fiance visa has expired but it has not been more than 180 days since expiration then you should be able to leave the United States without a 3 year bar on returning (or 10 year bar if it has been more than one year since the expiration) .  However, it will likely be much more difficult to obtain future U.S. immigration visas as a result of not timely leaving the U.S.

If it has been more than 180 days since your K1 visa has expired  absolutely consult with an immigration attorney prior to leaving the United States.

If You Will Be Marring the U.S. Citizen

If you have merely been delayed, but you still plan on marrying the U.S. Citizen, you should be able to still move forward with marriage and the adjustment of status process in the U.S. in order to get your green card (you will though be in the U.S. illegally after this 90 day period). However, again, if this is your situation, consult with an immigration attorney.

Not Marrying the U.S. Citizen Who Filed Your K-1

If you will not be marrying the U.S. Citizen who brought you to the United States then immediately consult with an experienced immigration attorney to go over your options.

Lawrence Gruner is a  Fiance Visa Attorney.  He has almost 20 years of experience handling Immigration cases throughout California, the United States and the World.  He may be reached toll-free at 888-801-6558 or attorneygruner@gmail.com    To learn more about fiance visas please read: Top 10 Things You Should Know About the Fiance Visa Process

This article is just a basic introduction to this topic.  Do not rely on this article only concerning your particular Immigration case. Every case is different. Laws do change and other laws may apply to your case. Please contact us or another competent Immigration Attorney.

Work with a K1 visa

If you enter the United States with a K1 fiance visa then you are eligible to apply for work authorization.  The key word here is apply.   You can apply to obtain your work authorization card.  However, you cannot work until you have obtained your work authorization aka “work permit” from USCIS.

This work authorization you receive will only be valid for 90 days.  It will likely take you at least 90 days, after you apply,  to receive the card.  Therefore, it is likely that the work authorization card would expire either before or shortly after receipt.

Work authorization after applying for your green card

A better choice would be to get married to the United States Citizen who sponsored you on the K1 and then apply for your permanent residence (green card).   This is done via the adjustment of status process.

At the same time you apply for adjustment of status you may apply for your work authorization card from USCIS.  In Northern California it is currently typically taking between 3-6 months to receive the work authorization card.

There is no rhyme or reason concerning how long it will take to receive the work authorization card.  Some applicants just happen to receive their work authorization card sooner than other applicants.  Also, the 3-6 months is a typical result.  We have had a few outliers.  Some of our clients have received their card in less than 3 months and a few have received it in over 6 months.

This work authorization card you receive from USCIS while applying for adjustment  of status will be valid for one year.  However, your green card application should likely be processed within this one year period .

Once you receive your green card you can work using the green card only (i.e. there is no need for the work authorization card).  You can simply provide a copy of your green card to prospective employers.

For more information about the fiance visa process please read: Top 10 things you should know about the fiance visa process , fiance visa processing time and  fiance visa denial rates.

Lawrence Gruner is a Sacramento Fiance Visa Attorney and a Sacramento Green Card Attorney with over 20 years of experience.  He handles Immigration cases throughout California, the United States and the World.  He may be reached toll free at 888-801-6558 or you may email him at attorneygruner@gmail.com    He would be happy to talk to you, free of charge, about your immigration case.

This article is just a basic introduction to this topic.  Laws and timelines do change in immigration cases. You should seek a competent Immigration Attorney to review your specific facts and circumstances before proceeding with your case.