FIANCEE VISA- A QUESTION FROM ONE OF MS. VIVO’S READERS
QUESTION: Does my fiancée, living in the Philippines, need to do anything special to enter the U.S.?
MS. VIVO’S ANSWER: Yes, you need a K1 or “Fiancée Visa.” It takes some time to acquire a Fiancée Visa, and that process frustrating. So, be patient and follow the instructions of a qualified and knowledgeable immigration attorney.
Often, a couple will have to wait up to six months before being granted preliminary approval from the United States Citizenship and Immigration Service (“USCIS”). After approval, an application for a K1 Visa is sent to the National Visa Center and then finally, in the case of a Filipina fiancée visa application, to the United States Embassy in Manila. Again, the process can be long and frustrating. But, hopefully and is the case most often, the wait ultimately results in the issuance of a valid K1 fiancée visa.
After the visa is issued, engaged couples often become concerned about the information and dates printed on the visa itself. For example, the visa states: “K-1 Petition Expires on MM DD, YYYY.” Couples often mistakenly believe that this is the end of the visa’s validity. What is really the case is that the visa is valid for travel to the USA until the expiration date expressly stated on the visa. Usually, a K1 visa is issued with a validity of six months. The Consular Officer adjudicating the case at the United States Embassy in Manila has discretion to issue a visa with a shorter validity period.
A K1 visa is valid for six months after it is issued. After your fiancée arrives in the United States and after she is admitted at the port of entry, she is only entitled to 90 days presence in the United States. If you and your fiancée get married, you should then apply for adjustment of her status. She would be entitled to remain indefinitely, provided the adjustment of status is approved and any conditions are lifted.
If you and your Filipina fiancée do not marry while she is in the United States, she will need to depart the U.S. before the visa’s expiration.
