Wednesday, April 4, 2012


Congratulations!  You're getting married, and  want to bring your future spouse to the United States.  Well then you need them first to obtain a K1 visa.  A K1 visa allows a fiancé(e) of a U.S. citizen to enter the United States as a non-immigrant, get married shortly after his or her arrival, and adjust status to that of a permanent resident after marriage.

K1 visa may be necessary, in cases where an American citizen cannot legally marry his/her fiancé(e) in a foreign country due to local laws, traditions, or religious reasons. Sometimes couples prefer to have their wedding in the United States and K1 visa allows this to occur.

However, since a K1 visa is one of the fastest ways to immigrate to the U.S., it's been a favorite vehicle used in visa fraud. For this reason consular officers and the USCIS closely examine K1 visa applications, in an attempt to detect marriage fraud and scams.  It's important to insure your paperwork is in order, and often a good immigration lawyer is beneficial.  Chaudhary Law Office, PLLC, can handle all aspects of a K1 visa application.

What are some common questions about a K1 visa?
What evidence is required to prove a fiancé(e) relationship? Proof of a legitimate fiancé(e) relationship is critical in a successful K1 application. However, each person's situation is unique and there's no standard way to prove a real relationship. You must prepare documents, photos, email and letter correspondence, copies of travel arrangements to visit one another, phone bills as evidence of calling each other, wedding plans, and anything that will help convince a consular officer that you and your fiancé(e) have plans to get married.

How do we extend a K-1 visa?
K1 is a one-entry visa valid for only 6 months, during which time a fiance (fiancee) must travel to a Port of Entry (POE) of the United States. Remember, however, having a K1 visa doesn't guarantee admission. An immigration official at the POE will conduct inspection and determine whether the visa holder is allowed to enter the U.S.  After entering the U.S. you and your fiance (fiancee) must get married within 90 days. The K-1 status cannot be extended beyond the 90-day limit, nor can it be changed to another non-immigrant status.  The K1 visa holder must then apply for a Green Card, or be in violation of the status.

Can a K-1 visa holder travel outside the United States?
No. Since K1 is a one-entry visa, you won't be able to re-enter the U.S. using the same visa. You should apply for a travel document (Advance Parole, Form I-131) while filing for adjustment of status. After AP is approved you may leave and return to the U.S.

Can a K-1 visa holder work in the United States?  
A K1 visa holder may work in the U.S. only after receiving an employment authorization document (EAD). You can apply for EAD using Form I-765, with USCIS.

For more information and processing of the K1 visa papers, contact attorney Satveer Chaudhary at Chaudhary Law Office, PLLC.

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Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years, Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case.At Chaudhary Law Office, our clients come first. Every client is treated with courtesy and is guaranteed effective representation. Practicing in the areas of  Immigration Law, Wills, Divorce, Family Law, Small Business and Criminal Law, we provide free intial consultations to all our clients.

In 2004  Satveer Chaudhary was named the University of Minnesota Law School Alumni of the Year. He was also awarded the Governor’s Certificate of Commendation for the Legal Aid Society of Minnesota, served as Special Assistant to Minnesota Attorney General Hubert H. Humphrey III, and was recognized by the worldwide Asian-Indian community for  his dedicated work, Chaudhary was named to the top-50 non-resident Indians in the world (NRI World  magazine).  

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

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