K Visa FAQs

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

Authored on: Tue, 10/20/2015 - 08:19

Question

I had applied for H-1B extension on May 15, 2015 with I-94 card expiring on Aug 29,2015. Due to some emergency, I traveled to India in June and returned in July with new I-94 card expiring on Nov 2015. Now, it's been 6 months that I applied for extension, no response from USCIS. Will there be any problem since I filed my H-1B extension with old I-94. Do we need to amend my case with new I-94 card?

Answer

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

https://youtu.be/ZvUVIGTM-Kk?t=1245

FAQ Transcript:

If you file for your H-1extension you are allowed to travel. You are allowed to travel even when your H-1 transfer is pending. A few things to keep in mind when you do - is are you maintaining status etc etc., but travel while transfer or extension of  H-1 is pending is allowed. The question is when you come back your I-94 changes and that is not a problem. That should not cause any delay and I don't see any need for any amendment. The fact that your H-1 is taking so long is most probably not related to this issue. But if you want you can double check with the USCIS customer service. I always advice that. 

K Visa for Spouse of Green Card Person

Authored on: Thu, 10/16/2014 - 02:35

Question

Can I get K visa for my spouse? I am a US immigrant with green card. Is there something called a V visa?

Answer

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

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

Authored on: Tue, 07/30/2013 - 06:32

Question

Can an attorney reopen a K or I-130 designated for revocation by USCIS? If yes, what is the procedure?

Answer

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

K Visa Awaiting Documentation

Authored on: Tue, 07/23/2013 - 10:38

Question

What happens when a K visa is denied at the Post?

Answer

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

Authored on: Fri, 01/07/2011 - 08:01

Question

How long is it taking for K-3 visa to get approved? If we moved the wedding to Jan 31st, is there a chance to get K-3 approved by July 31st? My sister's fiance is in India. She lives in Philadelphia (Vermont service center). I also hear K-3 is getting closed automatically because I-130 is approved. Is this true?

Answer

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

Authored on: Tue, 11/30/2010 - 23:46

Question

How can I bring my fiancé to United States, can I apply for him by green card? I am not still a citizen.

Answer

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

Authored on: Fri, 11/19/2010 - 04:20

Question

My boyfriend came into the USA legally with a work visa at the age of 18 but it expired and he stayed the next 5 years in the country illegally working as a waiter. We met a year ago and started dating and fell in love but he already had plans to move back to Brazil because he wanted to study and that wasn't possible here...and he left 3 months ago. Will we have issues applying for the K1 Visa since he was here for several years as an illegal immigrant?

Answer

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

Authored on: Wed, 11/17/2010 - 03:05

Question

I was was born here in the USA. I am a widow. My boyfriend he is in India.
1.Does K1 Visa have any age differences, because I am 47 and my boyfriend is 25 he is single.. Does this make any problem.?
2.I have not met in person ?
3.I am not working, I am taking care of a person, and I have 3 kids, will marraige be a problem with kids?
4.Once I was caught for drinking and driving & paid the ticket, does this effect K-1 Visa ?

Answer

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

Authored on: Wed, 11/10/2010 - 03:59

Question

I needed more information On the k visa. My fiancé is recently in the country of Port-au-prince, Haiti. Additionally I wanted to know if I sign these paper's for him can I add his 5 year old daughter and his 21 year old cousin on the paper's. His cousin recently lost his mother and father during the earthquake. I'am an American citizen.

Answer

Daughter should be possible, cousin would not.

Can I petition my girlfriend

Authored on: Wed, 11/10/2010 - 03:56

Question

Can I petition my girlfriend once we get married in the philippines? What is the best way to petition her as soon as possible...

Answer

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