Frequently Asked Questions - K-1 Visa

DOMA and Same-sex Marriages
Does the USCIS recognize same-sex marriages?
Applying for K-1 visa
I have been with my boyfriend for 3 years we meet over the internet and I have been over to Haiti once. He is in Haiti and I am in America. How do I get him to America?

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
K-1 visa holders are limited to a single entry. May a K-1 visa holder nevertheless take advantage of 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
I am having a problem getting my visitor visa. My fiancé is a US citizen and my sister is on H-1B visa she is there since 3 years with her family… my parents got their (B1-B2) visitor visa. But when ever I apply for B1-B2 I get rejected. My question is, when they ask me why you want to go to the USA my answer was to visit my sister and her family. Now can I answer like this? My fiancé is a US citizen and I want to meet her and get married.

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.

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 ?

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

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

K1 or K3
What is the fastest way to have my fiance and her children join me here in the US. They are Mexican citizens and I am a US ciitizen. We want to get married. The question is, which process is faster for them to be able to join me here?

The fiance visa is, generally speaking, faster.

K-1 Visa AOS
My fiance came as k-1 and we got married within the 90 days but didn't file for AOS untile a few days before his I-94 expired? What will happen? will they still accept the application or what will we have to do next?

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
My boyfriend is a u.s citizen and we want to get married. The problem is that i came to mexico and i cant go back. I was wondering if there was any visa or anything that he can get for me to go back before i get my greencard. And how long and how much it takes to do the whole process.

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

K1 Visa co-sponsorship
How does it work with financial co-sponsorship? Can a family member or a close friend co-sponsor a fiancee?

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