How the Fiance K-1 Visa works: Everything a beginner needs to know
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A Fiance K-1 visa allows YOU, an American citizen, to bring your foreign fiance to the US. And after he/she enters the US, you’ve got 90 days to marry before applying for Permanent Residency (i.e. “Green Card”).
That’s the quick explanation.
Now, let’s get a bit more in depth because … it’s obviously when starting out, you’re no expert in immigration law.
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If you’re anything like how I was, the closest you’ve ever got to immigration procedures was getting a passport stamped after landing in the Dominican Republic on vacation.
But the fiance visa process is a lot more serious. You’ve got to…
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- ● Submit paperwork
- ● Do a lot of waiting
- ● Go to a face-to-face interview
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Pair that together with how tough Trump is with immigration and you’ve got a stressful situation.
But at the end of the ordeal, it does mean that your foreign partner gets to come to the US for good. So, if you want to reach that point, let me give you the basics of the Fiance K-1 visa.
Note: even though it’s a “fiance” visa, being engaged with a traditional ring ceremony is not required. In the eyes of the government, you’re “engaged” as long as you promise to marry one another.
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What is the Fiance K-1 visa, anyway?
Bear with me a moment as I explain what a “visa” is. (it may not be exactly what you think)
A visa is a piece of document that allows you to “seek entry” into the US through any Port of Entry (such as an airport, marine terminal, land crossing, etc.). Meaning you can walk up to a Customs / Immigration Officer, present your K-1 visa, and ask them for permission to enter the US.
Now, the promise you make is that you’ll marry your partner within 90 days. And that’s something the United States Citizenship and Immigration Services (USCIS) holds dear — that you’re serious about marriage and not just “dating”.
Granted, this visa options isn’t right for everyone, but it is a great alternative if you don’t want to get married in a far away land — for whatever reason, such as:
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- ● You prefer to marry in the US
- ● You like a great venue here
- ● No family abroad to witness the wedding
- ● Some social, cultural, or political reason
(example: LGBT couples where same-sex marriage is outlawed)
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Although the K-1 is technically a non-immigrant visa, it’s actually treated like an immigrant visa because it ultimately leads to Permanent Residency. Don’t worry about this term just yet, just remember that it’s treated like an immigrant visa.
If your foreign girlfriend or boyfriend happens to have minor children under the age of 21, they may also be eligible for a visa (known as a K-2 visa).
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How long does it take? And how much does it cost?
Normally, when we start talking about the fiance visa, the first two questions on our minds are: how long does it take? And how much does it cost?
It’s different for everyone. The average waiting time is 5-10 months from the day you send in your paperwork to the day your fiance has a visa. It may take longer or shorter depending on a few scenarios. (see the K visa timeline).
The K visa cost is also variable.
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You’re bound to pay thousands of dollars in government filing fees and traveling costs. And in my estimate, most couples end up paying $3,000 – $5,000 by the time they’re approved for a visa… even more after the fiance enters the US and you get married.
These procedures may sound complicated and lead you to think, “Can’t I just get some expert to do this for me? I don’t want to mess something up”. To which the answer is yes — you’re allowed to hire someone to help file the paperwork.
But, the fact is that the vast majority of couples actually do the entire fiance visa successfully on their own (with help from websites like mine) without getting tangled with legal help.
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How do we apply for the K-1 or K-2 visa?
Here are the four major steps involved:
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Step # 1 – Check if you’re eligible
Goes without saying but be sure to check the basic requirements before you go spending time and money. Make sure…
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- ● You’re a US citizen
. - ● You two have met in-person within the last 2 years (face to face) regardless of how long your relationship has been
. - ● You’re both free and legally allowed to marry
(single, divorced, widowed, annulled, over the age of 18, etc.)
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There are a lot smaller requirements that either come before or after you apply, like for example, proving you meet income requirements. But these come later at the K-1 visa interview. Read my website to understand what those are.
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Step # 2 – File your I-129F petition with the USCIS
Your second step toward the fiance visa is to fill out and send the I-129F, Petition for Alien Fiance(e) to the government.
Now, this submission packet normally includes the
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- ● I-129F form
- ● Fee payment
- ● Proof of US citizenship
- ● Evidence of your true relationship (photos, letters, phone records, texts, etc.)
- ● Proof of in-person meeting
- ● Evidence you’re free to marry
- ● Dozens of other requirements…
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…of these, one of the most important is to prove that you have a “bona fide” — a genuine– relationship. It helps the government understand that there’s no visa fraud involved (e.g. making a “deal” for a visa).
So, that’s why once you mail your I-129F packet out, it takes a while for the USCIS to get to you and process your case. In the meantime, they’re busy performing all sorts of background checks. If everything checks out, you get the “approval” stamp.
On average, couples get a response back in 3-8 months. And if the USCIS has questions or concerns during the review, they’ll send you a Request for Evidence (RFE).
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Step # 3 – They forward you to the National Visa Center (NVC)
The USCIS ships your approved I-129F over to the NVC.
This entire process from the USCIS to the NVC happens without your intervention, however, you should keep tabs on them to be sure things are going according to plan. After all, it’s in your best interest to see things through, especially since it’s taken months to get to this point.
The NVC’s main goal is to assign a case number after doing some checks of your case.
On average this takes 4-6 weeks. After which they forward your case to the US Department of State (US Consulate abroad).
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Step # 4 – Apply with the Embassy or Consulate
The final leg of the journey is to apply for the actual K-1 visa at the Consulate.
Your fiance gathers up a host of documents, paperwork, and proof, in anticipation for the big day. This includes getting a medical exam, police clearance certificates, your financial documents I-134, the DS-160, and more, before scheduling an interview.
This visa interview is your opportunity to submit paperwork, prove your genuine relationship, and answer any questions or doubts interviewers (Consular officers) may have. If you have any K-2 visa children, they’ll accompany you to the interview.
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At the end of this sweat-inducing ordeal, if all goes well, they will stamp your passport with a visa that’s usually valid for up to 6 months. Now, you’re free to fly over to the US.
Once your fiance lands in the US and you’re happily married, your new spouse can apply for a Green Card (“Adjustment of Status”, form I-485) along with any children.
In short, a K-1 and K-2 visa allows your fiance and any children to enter the US. The Adjustment of Status allows them to stay permanently.
Realize, we just glazed over the major steps… each of these is important in their own right. In fact, my entire website is dedicated to making sure you do these correctly. But for the sake of an introduction, I’ve just given you the highlights.
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What’s most important to get a visa approval?
If I could go back in time, I’d teach my younger self “what it truly took to get approved” and ignore everything else, because there’s so much distraction out there.
You see, it’s easy to get caught up with “101 tricks and tips” to find that golden secret for approval. But for the 95% of us, the formula of visa approval are the three basic things I call the “three P’s”:
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- ● Paperwork
- ● Proof of relationship
- ● Preparation
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I must’ve researched thousands of denied cases before I saw a strong trend. According to both first-hand testimonials of couples at the interview… AND official fiance visa statistics from the Dep’t of State, the top three reasons for denial are:
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- Lack of complete, sufficient paperwork – meaning applicants walk in with incomplete forms, mistakes, or not enough evidence. This forces the consulate to deny or delay your case.
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- Lack of convincing proof of relationship – meaning most of us don’t have the right idea when it comes to showing proof of relationship to convince officers we’re not defrauding the government for a visa.
. - Not being prepared, answering questions correctly, or having a weak case – not knowing how to “fix” mistakes, or go above and beyond to get an approval.
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What problems do people face in the Fiance K-1 visa process?
Take it from a veteran like me, the most frustrating part of the journey has got to be waiting for your turn.
In 2018, the USCIS received more than 7.5 million petitions ranging from “employment authorization” to “asylums”. Out these millions, only 47,500 were I-129F fiance visa petitions. So, you see, the USCIS is up to their eyeballs with petitions and it takes time for them to ge to us.
It’s easy to feel like a small fish in a big pond. But, what makes it truly unbearable is the uncertainty of our future — approval or not? Imagine after all that waiting, wishing, and preparing… if we didn’t actually reunite with our partners.
And this inevitably leaves us desperate for answers… while we dream up worst-case scenarios that we did something wrong, and a denial letter will show up any moment.
Speaking of which, denials have risen sharply in recent years because of the immigration crackdown by Trump. So, the fear is not totally unfounded.
Besides the 3 reasons for denials we talked about earlier, other reasons include:
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- ● Inadmissibilities, or past immigration violations (overstays, for example).
- ● Red flags – age difference, different backgrounds, no commonality, etc. – where they may believe your relationship is a scam (visa fraud).
- ● Criminal records of both petitioner and beneficiary.
- ● Many more
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Here’s how to start your fiance visa process
Hopefully this gets your feet wet with the fiance visa process. Even if you’re a beginner and immigration law seems kind of complicated, the best advice is: learn, learn, learn.
It’s not impossible to figure this out. Look through videos. Look through websites. Absorb as much as you can.
But keep in mind that not all websites, forums, and YouTube videos are created equal. A lot of information may be wrong, outdated, or may not even apply to you. So, be sure to have a healthy degree of skepticism… after all, it’s your future on the line.
By using the mantra of the “three P’s” –Paperwork, proof of relationship, and preparation– you’ll stay composed especially when the waiting time is testing your nerves.
NOW… if you’d like to jump start the Fiance Visa process, feel free to browse this website, which I update weekly with topics, step-by-step guides, and more…
Better yet, join my email list for step by step instructions on the process because there are some things I only share with email subscribers that I don’t do on the website.
I’m here to help guide you every inch of the way getting your fiance approved from beginning to end. I’ve helped thousands of couples pass their interviews, get approved, and live the life they always dreamed of with their partners.
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October 13, 2020 at 2:51 pm on I-129F Evidence of MeetingHello Fallon and thanks for your message. In order to make your packet look better...[click to read more]- October 8, 2020 at 4:14 pm on I-129F Evidence of MeetingHello, for the photo evidence is it okay to send actually photos if I have...[click to read more]
- September 4, 2020 at 1:08 am on Fiance Visa affected by the Public Charge InjunctionHello Anis. We appreciate your writing in. As of August 28, the US Embassies around...[click to read more]
Visa Tutor LLC (R) company is an accredited BBB and bonded Immigration Assistance Provider.
If the non-US citizen comes to the US on a tourist visa and we decide to get married here in the US, what is the process for acquiring a permanent residency card in this instance?
I realize the tourist visa is valid for 90 days. If the County Clerk would issue a marriage license to us, then a K-1 is not needed. Yet she could be required to leave after the visa expires, unless an extension is granted.
Daniel,
That’s a very common question which you can research further on (even on my website here). Anyone with an intent to marry and adjust status on a Visitor visa is considered abusing a visa and will be denied permanent residency. You will have to research the 90 day rule for visitor visas in terms of getting married and adjusting status.
The proper procedure are to (1) get married and apply for a cr1/ir1 (2) apply for a K visa, or (3) understand the limitations of a visitor visa + marriage + adjusting status. I hope this helps
-Prem
Hi Prem,
We applied for a K1 visa in April 2019. Considering the fact that Trump has halted other non-immigrant visas, is there a possibility for the USCIS to process our case quickly? We are waiting eagerly hoping that since other visas are not processing right now, probably the family visas would be processed quickly. Please answer.
Hello Shireen,
We’re assuming you mean April of 2020. The USCIS isn’t affected by the EO in regards to I-129F processing. So, your case will be processed as “normal”. However, if further executive orders affect visas, then it may change things coming up. We don’t know at this point. Thanks for writing in and sharing your experience.
-Prem
At what point do we schedule the interview? I know right now the waiting time in Egypt is a minimum of 3 months. Or do they schedule it for you? If I can schedule it myself, and the guessing time to process the I-129F is probably 5 months, I could wait 2-3 months before I get approved or not, and schedule the interview and maybe it’ll give me a jump start on waiting.
What are your suggestions?
Hi Joanna,
That’s a good question. You cannot schedule your interview until your I-129F is approved and the US consulate has received your case. At that point you’ll have your NVC approval case # with which you pay visa fees and schedule an interview. Right now, it’s too early to plan a timeline because of the recent COVID-19 shutdowns. However, in “normal” times, the timeline is similar to what you’ve said. To get yourself familiar, you should look at the timeline in detail.
-Prem
Hello, I followed your first video and I really appericate your website and My fiancé was an au pair, does this mean under employment does she put the company au pair or should she put the houses that she worked at and the names of the families?
My fiance had a previous divorce that I forgot to add in the back page of the application, but I did send the info of the person on my paperwork. Will my application be rejected?
Regards,
OA
Hello O Aguilar and thanks for getting in touch.
As said in the instructions, any previous marriages have to be disclosed.
You may either get an RFE (if they are willing to grant you one) or, unfortunately, have your petition denied.
Supporting documents are an important part for the analysis of any petition and, therefore, they must be forwarded with the packets.
This will shed more light on the topic:
https://www.visatutor.com/is-my-past-divorce-a-red-flag-in-my-current-k-1-visa/
Keep us informed on how your case goes, ok?
-Cris (Visa Tutor Team)
Hello, I am a 47 y.o. American and my fiance is a 22 y.o. Thai. We are wanting to marry in Thailand in a couple of months and then doing the CR1 Visa but we have also talked alot about waiting to get married in the US and doing the K1 Visa. However, we do not want to wait 8 months for the K1 only to be possibly denied and then marry in Thailand, wait another 12 months for the CR1.
Our concern is the 25 year age gap as we have read alot (on here too) about the difference in age being an “immigration concern”.
So my question to you is through all of your research is there a greater likelihood of approval with the K1 or CR1 when there is a large age gap.
I travel to Thailand 5-6 times annually and worst case scenario is I retire and move there to be with her so we can be together but being able to live in US would be ideal.
Mike, thanks for contacting us.
Age gap does make the officers raise their eyebrows, but as you must have already read, as long as you are able to demonstrate a bona fide relationship through strong proofs, the approval for either a K1 or a IR1/CR1 must be expected.
The most important is to frontload either your I-129F or I-130 with strategically picked photos and supporting documents.
You should also weight the pros and cons of the fiance versus spousal visa.
If your main concern is approval and don’t mind the long wait of the IR1/CR1 visa, then the spousal visa seems to be a suitable option.
Here’s an article to help shed some light on your decision:
https://www.visatutor.com/fiance-k1-visa-or-spousal-cr1-ir1-visa-which-choice-is-best/
We recommend that you also research the marriage process in Thailand for foreigners.
Sometimes it’s not as simple or straightforward as in other countries.
Here’s another highly recommended article to give you some extra education.
https://www.visatutor.com/6-rules-of-success-for-your-fiance-k-1-visa/
-Cris (Visa Tutor Team)
Hi,
Our petition was approved 5 weeks ago and we still have not received news from NVC, which is the waiting time approximately to receive any notice that it is in process?
Thank you for all your collaboration.
Hi Lizeth,
The NVC normally takes 4-6 weeks to process your case, issue a case # before forwarding your paperwork to the US consulate where your fiance will have the interview. To see a more detailed timeline and breakdown, please see the K-1 visa timeline.
-Prem
Hi, I am the beneficiary and my US fiancee is filling the paperwork however he has been paying tax through his father’s company (which he was employed) instead of by himself. So instead of him paying tax under his name, his father paid it under the company. So how do we get around the tax returns proof?
Hannah,
I’m not sure exactly what your situation is but it sounds like your fiance doesn’t have a tax return record. If not, then you may have to use a joint sponsor to fulfill the I-134 Affidavit of support obligation for the K visa interview. Joint sponsors (perhaps your fiance’s father) can use their own tax returns to sponsor you. Please take a look at the link. Feel free to leave another question/comment if you need further clarification.
-Prem
Hi Perm
I know for a fact that D160 for tourist visa takes a long time to schedule appointment like the next available appointment is after 5 months, is this the case for D160 that is done for fiancé visa as well or not all D160 interview schedules are the same schedule?
Thank you
Hello Wael,
We appreciate your writing us.
There’s indeed a different scheduling waiting period for each type of visa.
After filling out DS-160 and paying the fees, beneficiaries are ready to pick an interview date and the slots availability will depend on which US Embassy/Consulate we’re talking about.
You may find the following link very helpful:
https://www.visatutor.com/fiancee-k-1-visa/fiancee-k-1-visa-process/fiancee-k-1-visa-flowchart/
-Cris (Visa Tutor Team)
Hello! My fiance is from Sweden and we have plans to get married in California this spring. We recently got our I-129 petition approved and were just notified that the NVC sent our application to the consulate in Sweden.
I’m wondering what all to do before the interview – especially when it comes to financial proof and proof of relationship. For proof of relationship are they looking for him to bring additional proof to the interview or something similar to what we had in our application? Also I want to make sure I file the proper financial form, and also can I have a co-sponsor on it?
Thank you!
Hello Rachel,
Thanks for getting in touch. It’s an exciting time after approval, but it’s only the beginning of the process. You will have to prepare for the K visa interview with all sorts of documents and proof. You should start here https://www.visatutor.com/steps-129f-fiance-visa-petition-approval/
It’ll teach you what steps lay ahead. In addition, you can check our I-134 page for a full discussion on what’s required and how to fill out the paperwork.
If you still have questions after that, feel free to drop a comment and ask!
-Prem
Hello Sir thank you for this great website..
I am preparing my fiance visa form but I have a about the photographs, I read in the instructions of the form the following:-
You must submit one color passport-style photograph of yourself and one color passport-style photograph of the
beneficiary taken within 30 days of filing this petition
so my question is here: should the fiance send me her original photograph,or it is OK to send me a copy for it then I will print it out?
Is there any waiver for fiance photograph?
thank you
Hello Salim,
We usually see people using professional services for those passport style photos.
If you have the skills to make it look as professional as the ones taken at those photo centers, then that might work as well.
However, we recommend professionally done passport style photos because then you make sure it’s 2 inches by 2 inches.
-Cris (Visa Tutor Team)
Hi Prem!
Firstly, thank you SOO much for this helpful website. I met my fiance while I was oversea’s in graduate school. I recently graduated and moved back to the U.S. to start a new job. My net income is almost triple the required amount in California. However, I do not have 6 months of pay stubs or last years taxes because I was oversea’s studying.
My work has offered to provide a letter for proof of employment/ income. Additionally, I also have some savings, great credit, and zero debt (seriously). Yet, we are still worried that my previous unemployment will delay our visa.
Do you anticipate this slowing down our process? Should we consider waiting a few months to apply or should we be okay?
Again thank you so much!
Hello Sarah,
As long as you can show that you are currently employed and earning an income (observing the HHS and how much you should make to support a house with two people) that should be ok.
A letter of employment should be a good starting point.
-Cris (Visa Tutor Team)
Hi Prem my fiance lives in San Diego California but we submitted our K1 visa to the Texas processing centre. We looked at the time it takes to process the petition in sloner in Texas than California. Is they a way for us to request that our application be sent to the California processing centre.
Hi Shamala,
No, you cannot request to be transferred from one service center to another. The USCIS can “rebalance” the workload if they feel one service center is performing slower than another for your I-129F petition. Unfortunately, you will have to sit tight while they process your petition.
You can read more details here https://www.visatutor.com/i-mailed-my-i-129f-petition-whats-next/
-Prem
We applied for a K1 visa in the end of 2018.
We’ve been doing a huge research how to fill out things,what documents we need,so we were really happy when we found this amazing site!) a lot of needed information,good explanation so anyone would understand)
I’m really thankful for your tutorials and good articles!)
Plus I wasn’t expecting to get an answer when I texted Prem and asked some questions by myself but he answered really fast and it was really helpful!(
So thank you so much for doing all your research and job!)
Glad to help, Maryna. Your questions with the I-134 Affidavit of Support were important. So, I’m glad you took the time to research. Good luck with your up-coming K visa interview. Please come back and tell us how it went.
-Prem
Do I need to disclose that I had a DUI. There are parts on the application that say disclose only for certain crimes and then parts that say disclose all arrest.
Hello Kimisha Smith,
The I-129F requires that everyone disclose any arrest, charges, convictions, etc. Yes, it’s confusing because they mention multiple requirements. However, in general, you will have to disclose all DUI information.
-Cris (Visa Tutor Team)
I did my interview in Montreal, I arrived 30 minutes early and I was number 10 in line. The inside is like the DMV where you sit and wait then go up to a window, so once I got called to the first window I had to deal with this extremely rude lady demanding paperwork in a different order than they had asked for everything to be arranged when I first arrived. She literally just took all my paperwork and put it in a folder and then sent me back to the waiting area and I was so nervous after that because she seemed angry, but that could have just been how the officers are supposed to act? I didn’t see anyone walk out before me without the pink “welcome to America” letter so my hopes were somewhat high regardless. After about 5 minutes waiting again they called me to a second window for the interview, and another (very much kinder) woman asked me these questions:
-Are you married? Will this be your first marriage for both of you?
-Have you ever been arrested in any country?
-When and how did you first meet? When did you first meet in person as well?
-How many times have you met
-What was your longest stay in the US?
-Does he live with his parents, if so will you be living there as well?
And that’s basically it, she just handed me my birth certificate, a pamphlet on abuse, and the letter of approval. They never asked to see any evidence, photos, letters, etc. About half the papers I came with, I also returned home with! My recommendation would be bring a folder you can easily withdraw papers from. I took a binder and had my paperwork in plastic sleeves and I ended up having to remove everything to give it to them. Just as long as you’re organized it’s fine though because they give you a paper saying what order to put your documents in. One issue I nearly had was that for Canada you pay ahead of time for the DS160 so they don’t actually tell you but you need to bring a proof of payment for that. I ended up catching it on a YouTube video the night before my flight and printed it off but it wasn’t in my packet 4 list at all!!
Other than that the process was pretty easy, I was at the consulate for 1 hour total – 40 minutes waiting, and after my number was called it was only 20 minutes of them actually processing it! My visa is already in the mail and will arrive sometime next week.
Regards,
Hannah
Hi Hannah,
Thanks for sharing your success story. That’s a great insight to how your experience was during your interview in Montreal. Hopefully this makes all others feel positive about their upcoming interviews, too.
-Prem
The one question I have is can my fiancee travel on her Tourist Visa after she is granted her K-1 visa. We are planning on her coming to live here in December but we would like to go on a cruise in October out of Ft. Lauderdale. Do you foresee any issues with this? I would think the CBP would realize that we are not trying to circumvent the system if we already have the visa but just don’t want the 90 days to start until a little later.
Hello Mark,
I can’t say for sure about the details of how concurrent visas work. From what I’ve gathered in the past, her visitor visa will be voided “cancelled without prejudice” (CWOP) once she’s issued an approved K-1 visa. There are rules governing concurrent visas and how they can be used. I’m not the expert on this matter. If you find out the answer, would you please come back and share the knowledge? Thank you, Mark
-Prem