Can I receive a work permit on a fiancé visa?

  • An alien on a K-1 visa may petition the USCIS for a work permit. However, upon marrying the U.S. citizen and applying for adjustment of status, the alien will need to submit another application for employment authorization in order to continue working while the adjustment of status application is pending.

If I am currently in the U.S. can I receive a K-1 visa as the fiancé of a U.S. Citizen?

  • No, the alien fiancé must be outside the U.S. in order to receive the K-1 visa. All processing of this visa is conducted by the U.S. Consulates abroad.

After I enter the U.S. and marry my fiancé, what’s the next step towards permanent residency?

  • Upon entering the U.S., the alien fiancé must marry the petitioning U.S. citizen within ninety days. An extension will not be granted. If the alien leaves the U.S. without marrying the petitioning U.S. citizen, the alien will not be permitted to re-enter the U.S. on the same K-1 visa. The process will need to be started over.

  • Once the marriage has occurred within the first ninety days of the alien’s arrival into the U.S., the alien must either submit an adjustment of status application or leave the U.S.

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