FAQS
Your children can either accompany you on your first trip or come later on. They come to the United States within the 90 day period of their K-2 visas. You wont need separate applications if your children join you a year after the k-1 visa was issued. However, if they travel more than a year after, they wont qualify for the K-2 visas and therefore separate K-2 visas will be needed.
The I-129F petition will only be valid for four months from the date it was approved. The validity of the petition can be extended by a consular officer as long as it expires before the visa processing has been completed.
Every applicant, regardless of age, must undergo a medical exam performed by an authorized panel doctor. Instructions regarding your medical examination will be provided by the United States Embassy or Consulate. You will have access to a list of panel physicians by country. Vaccinations are not required for K visas but they will be needed for adjustment of status once the applicant wishes to apply for a green card.
Some circumstances such as overstaying a former visa, drug trafficking, and submitting false documents can make the applicant ineligible. A Consular Officer will inform you if there is a waiver and how the waiver process works.
A visa only allows you to travel to the U.S. However, the DHS or Department of Homeland Security and Customs and Border Protection are legally authorized to allow or deny entry into the country. At the port of entry you will show the CBP officer your visa, passport and the enveloped with all the required documents.
You should send a written request to the Embassy if you want to withdraw your petition, which should be notarized. This helps the USCIS recognize that you are personally requesting the petition withdrawal.
The 90 day period cannot be extended. If you decide not to get married for any reason, your fiancé (e) will have to go back to his or her country. Not complying with this is a violation of United States immigration law which may lead to deportation or it may also influence future admission into U.S. immigration matters.
Even when the fiance visa petition is denied you can still appeal, generally within 33 days. The appeal is filed with the specific office making the decision. Hiring an immigration attorney will prove helpful in cases like these. Experienced immigration lawyers at Gallardo Law Firm can help you navigate your case with ease.
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