Talk:K-1 visa

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[edit] Power granted by a Fiance Visa?

Im wondering what it allows. Is the person allowed to go back and forth in the US in this 90 day period after they first arrive there? Once married, is she/he allowed to go back to their country temporarily or do they have to remain in the US? —Preceding unsigned comment added by Jeydo (talk • contribs) 15:06, 4 October 2007 (UTC)

No, you are not. The K-1 is a one-entry visa. Once you have entered on it, it will be marked as invalid for further use. Additionally, by virtue of having it in your passport - as it will be put by the Consulate - you are highly unlikely to be allowed to enter "just" as a tourist. One of the secondary requirements of the visa, and additionally the "adjustment of status" is that you demonstrate a desire to be a permanent resident of the US, and not to use your residency as an unlimited visa to enter and leave as you please. For the first ten years of your residency, you cannot be out of the country for more than 50% of the time, and no departure from the country can last more than 12 months. Your residency can be summarily revoked for a breach of this.

What you can do, however, is apply for "Advance Parole" to travel in and out of the country. This does not require a specific reason, or dates, and indeed can allow multiple trips, but must be filed for with an Adjustment of Status and may take several weeks to be received. You cannot do this prior to your marriage and filing for the Adjustment, however - if you leave the country in any but the most dire of circumstances you will likely be refused entry upon your return and though you will probably be allowed back in, this will be only after returning to your country and going through the processes with your local Consulate.

Disclaimer: I am not an immigration or legal expert and this is not advice. But is spoken from the experience of someone who faced several of these issues at the end of 2006 as a K-1 immigrant. Achromatic (talk) 05:05, 17 February 2008 (UTC)

Clarification needed - Double positive

Some fiance(és) think they might want to get married, but are not 100% certain, and need more time to get to know each other or to adjust to the new country. The fiance(é) may qualify for a visitor visa if the intention is not to get married in the USA (but to come and go and get married in another country, to return again on an immigrant visa). However, by applying for a K-1, the foreign fiancé(e) may be much more open about their intentions since the purpose of the visa is to allow a foreign citizen to remain in the United States for 90 days to get married, with the idea of living and working legally after marriage. If the intent to marry is made clear enough, and something does happen that makes the couple decide not to marry, then the fiancé may leave the country without repurcussions. However, in the case that the couple marry after entry on another type of temporary visa, there are some penalties under the law. In many cases the marriage will be upheld and permanent visa granted, but in some cases the foreigner is deported. Limitations have also been put into place to discourage marriage by visitors on other visas. For example, a K1 visa may not be issued to a recent student visitor (to discourage foreigners being students merely for the purpose of meeting US spouses). Though the K1 visa may take more time in planning, it minimizes risks that wedding plans will be scuttled at the last moment by a denial of admission. Dtgm 16:26, 9 September 2006 (UTC)

[edit] Major cleanup required

I have made some small inroads to tidying up this entry, but much more is required. From a look at the typesetting and language issues, I strongly suspect that a lot of this is cut-and-pasted from external resources (for example, use of the phrase "Greencard", amongst others). The section "Designed For Ease Of Use" gave me a very strong sense of deja vu, as do others. A preliminary search did not net anything, but nonetheless. Achromatic 02:51, 24 April 2007 (UTC)

I agree, it has been a year but I do not know enough on the subject to reword it. Junkupshowup (talk) 01:40, 3 June 2008 (UTC)