Frequently Asked Questions - K Visa

DOMA and Same-sex Marriages
Applying for K-1 visa

If you intend to get married within 90 days of his arrival, apply for K-1 visa for him.

K-1 Visa Automatic Visa Revalidation

Yes. U.S. Customs and Border Patrol (CBP) indicates that there is no law or regulation that precludes K-1 visa holders from benefiting from the automatic revalidation provision, provided all entry requirements and criteria are met, and their K-1 status has not changed since their initial K-1 admission.

Visitor visa rejected

You must tell the truth. The better visa for you is K-1, if you want to get married in USA. Your chances of getting a B visa do not appear to be very good.

K-1

This will not be an easy K-1. First, the age difference is likely to viewed by the govt. as an indication of fraud. Second, you are required to meet - unless there are some extraordinary circumstances. Kids and drunk driving should not be an issue.

Can I petition my girlfriend

Yes you can. Normally, I prefer K-1 - marriage in USA route.

K1 or K3

The fiance visa is, generally speaking, faster.

K-1 Visa AOS

I think you will be fine. As I recall, the law only requires you to get married within 90 days. But confirm this information and do check with a lawyer as to whether you may travel or not while AOS is pending. This could be the only issue I can think of.

Green Card through marriage

You could look into a fiancee visa (K-1). It can take a few months.

K1 Visa co-sponsorship

Anyone who is a US Citizen or green card holder can co-sponsor affidavits of support .

DOMA and Same-sex Marriages
New GC for my wife and child

Apply for their green card and shoot for a K-3 visa simultaneously.

K-3 Visa

Once the I-130 is approved and consulate is notified of the approval, they will not issue a K-3. They expect us to wait for the green card approval.

I-130 approved,can k3 be filed?

From what I recall, K-3 can be approved at the consulate only until they do not receive official notification of the approval from USCIS. I think it may be too late for your mother. She will probably need to wait for her green card now. That is likely to be quicker than a K-3 at this point, anyway.

Reopening a K or I-130 Designated for Revocation by USCIS

The State Department says that the Consulate will review additional documentation until the case has been physically transferred to USCIS.

K Visa Awaiting Documentation

The State Department says that if a K visa is awaiting documentation requested by the interviewing officer, it is denied under 221(g).  The case will remain at the Post until expiration, after which it will be returned to USCIS.  Fraudulent fiancé petition cases will be returned with a return memo to USCIS via NVC.

K-3 Visa

Once the I-130 is approved and consulate is notified of the approval, they will not issue a K-3. They expect us to wait for the green card approval.

Can I petition my Fiancé

There is no fiance visa for non-citizens, but look into the waiting times for spouses of green card holders. Those times are pretty good right now.

K-1 visa for an illegal immigrant

It looks to me that he is subject to a 10-year bar from entering USA and would not get a K-1 visa. Please take an appointment with a lawyer and discuss your (only) option of getting a waiver.

K-1

This will not be an easy K-1. First, the age difference is likely to viewed by the govt. as an indication of fraud. Second, you are required to meet - unless there are some extraordinary circumstances. Kids and drunk driving should not be an issue.

K Visa

Daughter should be possible, cousin would not.

Can I petition my girlfriend

Yes you can. Normally, I prefer K-1 - marriage in USA route.

K1 or K3

The fiance visa is, generally speaking, faster.

K-3 Visa

I see no reason to wait. Bear in mind, if consulate receives your I-130 approval, they will not issue a K-3. They will ask you to wait for your green card.

K-1 Visa

The processing times can be determined from this page http://www.immigration.com/processing-times-and-status-checks. As to expedite, check with USCIS customer service if they have any recommendations.

K1 visa approved

Wait for instructions from the NVC and then the consulate.

K-1 visa

The only way I can think of is driving through from Canada. At the border, his situation should be explained to the CBP officers. It is their discretion to permit or not permit the entry.

K-1 Visa AOS

I think you will be fine. As I recall, the law only requires you to get married within 90 days. But confirm this information and do check with a lawyer as to whether you may travel or not while AOS is pending. This could be the only issue I can think of.

Green Card through marriage

You could look into a fiancee visa (K-1). It can take a few months.

K visa

Such person would be deportable unless they come under Violence Against Women Act (VAWA) or similar provisions.

May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?

One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can.

In the E visa context, this is what the govt says:

Quote:
9 FAM 41.51 N15 INTENT TO DEPART UPON TERMINATION OF STATUS
(TL:VISA-404; 04-29-2002)

K-3 visa when I-130 approved

In your case, a K-3 cannot be issued. You must wait for IV.

If an I-130 is approved, K-3 can still be approved if the consulate has not yet received OFFICIAL notice of approval of I-130. Note that your I-30 will NEVER be canceled.The recommended practice in K-3 cases is to indicate on the Form I-130 that the beneficiary will apply for AOS. Nevertheless, it is too late for that now. If they have received official notification, then an immigrant visa (green card will be issued) after processing locally. It should not take too much extra time.

Travel while H-1 extension pending – change in I-94 number

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

K Visa for Spouse of Green Card Person

V visa no longer exists. There is no K visa option for green card holders. Sorry.