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If you do not marry within 90 days, she must depart the U.S. or she will eventually be deported (with very few exceptions). The rules are strict.
While she is in the U.S. you are generally completely responsible for her financially, although we help limit your exposure. If for any reason you do not marry and she departs the U.S. within the 90 days, she will not be precluded from coming to the U.S. in the future on another K1 visa and you will not be precluded from again bringing her or another foreign fiancee to the U.S. on a K1 visa. While repeated K1 petitions raise suspicions of the USCIS, and require a waiver, we obtain dozens of "second" and even some "third" fiancee visas every year.
As long as your foreign fiancee enters the U.S. on a fiancee visa and you marry within 90 days, then she is welcome to remain in the U.S. and apply to become a U.S. permanent resident "green card" holder based on your marriage. Eventually, she can also apply for U.S. citizenship. The U.S. allows dual citizenship.
If you are interested in hiring us for your K1 fiancee visa, please give us a call. We do not charge for phone consultations as we believe it is the best way for us to learn about your situation and, more importantly, for you to develop a confidence in our level of expertise.
We have had clients who, before they engaged our services, tried every trick in the book to bring foreign fiancees to the U.S. for marriage. Several have had their pastors write invitation letters for their fiancees to come as visitors. Many have had their companies write invitations for business. Others have attempted to obtain visas for students, J-1 exchanges, H-1 employees, etc. Not only were they unsuccessful in their efforts, but some have been accused of fraud and barred from the U.S. for lying to an immigration officer. At a minimum, they greatly increased the time it took us to bring their fiancees to the U.S. on a K1 visa and they made our work much more difficult in obtaining the K1.
Those who try to take shortcuts with immigration are asking for trouble. Most of the few unmarried women who manage to obtain a B-1/B-2 visitor visa to the U.S. from "an agent" or "travel agent" in her country have been arrested by Border Inspection officers at the airport when they entered the U.S. Often the fiancée does not even know how the agent fraudulently altered paperwork to obtain the visitor visa for her. Those who get past airport screening have been investigated for fraud when the couple marries and she applies for her permanent resident "green card." Once caught, the fiancee's (or foreign wives if they married) have been deported from the U.S. and some have been BARRED FROM ENTERING THE U.S. for 3, 5, or 10 years.
Be careful taking legal advice from a "foreign agent" (or from a "friend" who has been through the process). Agents are unlicensed and unregulated. When a problem arises, the agent is nowhere to be found. Friends disappear and you are on your own. It pays to call a qualified, K1/K3 US immigration Consular for advice before taking steps on your own. Sometimes, there is so much damage done to a case we can no longer help.
Marriage Outside of the U.S.
If you marry your fiancee abroad, we can bring her to the U.S. by use of the K3 Visa for foreign brides of U.S. citizens. However, K3 visas require more paperwork than fiancee K1 visas and can take more or less time than the K1, depending on your situation. Finally, the fiancee visa is the only good option if there are children immigrating who are 18 years or older. (See K3 & K4 Visas for more information.)
Either way, if you are engaged and want a K1 fiancee visa or are married and need a K3 spousal visa, we can help you. If you will call our offices we can advise you on how best to proceed. We have been obtaining K visas since early 2003 We currently obtain hundreds K-visas every year. We have successfully obtained over 800 K-visas. Our entire immigration service practice consists of marriage immigration, obtaining K-visas from the Philippines to the U.S., and we service clients in all 50 states and abroad.
K2 Visas for Unmarried Children of Foreign Fiancees
The foreign fiancee's unmarried children under the age of twenty-one can be included in the parent's petition and receive the K2 visa with the same privileges as the parent's K1 visa. But, an application for the child to become a U.S. permanent resident "green card" holder must also be filed and fully processed before turning twenty-one. Otherwise, the child generally must return home and will not become a U.S. permanent resident. |