After Obtaining a K1 Visa
Once your fiancée is awarded a K-1 visa, he or she will receive the passport submitted to the US Embassy or Consulate containing the fiancée visa, as well as a sealed packet of documents, including all evidence submitted. Your fiancée should not open this packet, and should present it to a Department of Homeland Security (DHS) official upon entering the US.
Once your fiancée receives these documents, he or she will be able to enter the US one time within six months after obtaining a K1 visa. In some extreme circumstances, your fiancée visa lawyer may be able to negotiate to extend this six-month deadline after obtaining a K1 visa. As soon as your fiancée enters the country, the 90-day countdown begins, during which time you must be legally married for your fiancée to apply for LPR status.
If you do not get married during the 90-day stay permitted by the K-1 visa, your fiancée must return to his or her home country before the deadline passes. His or her children must also return. Failure to do so is a violation of immigration law, which can create future problems if your fiancé plans to attempt travel or relocation to the US in the future.
It is important to understand that like any visa, obtaining a K1 visa does not mean your fiancée is guaranteed entry into the US. A DHS official must still grant entry upon arrival in the US. This official will review the sealed packet your fiancée receives containing a K-1 visa and evidence of eligibility. While your fiancé visa lawyer or immigration attorney will make efforts to ensure everything is in order and you are not turned away, it is important to thoroughly understand the benefits and limitations of a fiancé visa or k1 visa.
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