FAQ
Visa Newsletter December 2005 - January 2006
Q:
How soon after arriving in the USA will my fiance
(or fiancee) be able to work?
A:
After arriving in the United States, your fiance (or fiancee)
will be eligible to apply for a work permit. Your fiance
(or fiancee) should use Form I-765 to apply for a work permit.
However, you should note that the USCIS might not be able
to process the work permit within the 90-day time limit
during which your marriage must take place.
If
your fiance (or fiancee) applies for adjustment to permanent
resident status, he (or she) must re-apply for a new work
permit after the marriage.
Q:
What sort of evidence will be required to prove that I have
had a legitimate relationship with my fiance
(or fiancee)? Will it help if
I can show that I have made reservations for my marriage
in the US?
A:
One requirement for the K1 visa is proof of a relationship,
which is normally shown by providing photographs, letters
and other correspondence, evidence of telephone calls to
each other etc. If you have reservations for a marriage
service, evidence of this could be used as further support
for your application.
Q:
My wife and I live in Thailand but I am currently in the
US and I wish my wife to join me. Can we apply for an immigrant
(K3) visa even though it is our intention to return to Thailand,
where we will continue to reside?
A:
Generally, no, because one prerequisite for the K3 is an
intention to reside in the US. The appropriate visa would
be a tourist visa. The maximum tourist visa is a 10-year
multiple entry visa. Proof of residence in Thailand will
be required to overcome the presumption of being an intended
immigrant into the USA.
Q: My fiancee has two children from a previous marriage. Will they be able to come with her to the US?
A: If your fiancee's children are under 21 and unmarried, they can obtain K2 nonimmigrant visas with your fiancee's successful K1 visa petition. Children who are not filed as dependents in the original visa petition will require a separate petition process.
