K1 Visa FAQ (Continued)
How soon after arriving in the USA will my fiancee be able to work?
After arriving in the US, your fiancee will be eligible to apply for a work permit, however, the USCIS may not be able to process the work permit before your marriage takes place and your fiancee files to adjust status.
If your fiancee applies for adjustment to permanent resident status, he (or she) must re-apply for a new work permit.
What sort of evidence will be required to prove that I have had a legitimate relationship with my fiancee?
One requirement for the K1 visa is proof of a relationship, which is often shown by providing photographs, letters and other correspondence and evidence of telephone calls. In certain cases the USCIS requires proof of travel to the fiancee's home country.
Are my fiancee's children eligible for a US visa?
If your fiancee's children are under 21 and unmarried, they can obtain K2 nonimmigrant visas with your fiancee's successful K1 fiancee visa petition. Visas for children who have not filed derivative visas in the original visa petition will require a separate petition process.
Can I apply or petition for a fiancée visa if my divorce is not yet finalized?
One of the conditions of the K1 visa is that both the US citizen petitioner and the foreign fiancee be free to marry. Petitioners and applicants must list any previous marriages and provide evidence of annulment, divorce or, in the case of a deceased spouse, a death certificate.
My fiancee is HIV positive. Is she still eligible for a K1 visa?
Your fiancee may be eligible for a visa. However there would likely be a number of conditions imposed on the visa. Typically a K1 visa applicant with HIV would initially be denied a visa because the US government considers certain communicable diseases, including HIV/AIDS, a threat to public health. However your fiancee may be eligible for a waiver if certain conditions are met. These conditions generally include evidence that admission of your fiancee to the United States will create minimal public health risk and that your fiancee's admission will not put a burden on government agencies. (Read more about HIV/AIDS and US Immigration.)
Want to know more? Read our introductory Fiancee Visa FAQ or check out our Marriage Visa FAQ, K1 vs K3 Visa Comparision FAQ or Immediate Relative Visa FAQ.