K1 Frequently Asked Questions (2024)

1. What is the process for extending a petition beyond the original four-month validity?

A consular officer can revalidate a K visa petition any number of times for additional periods of 4 months provided the officer concludes that the petitioner and beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary’s admission into the United States. To have the petition revalidated, send a written request to the Embassy that includes a statement of your intention to go forward with the marriage. You may e-mail your request to the following address: kyiviv@state.gov.

2. Do dependent children need to receive K-2 visa at the same time as the K-1 beneficiary?

No, eligible dependent children can receive a K-2 visa within a year of the issuance of the K-1 visa to the principal beneficiary*. This is true even if the K-1 beneficiary has subsequently married the petitioner, provided the dependent child is still unmarried and under 21 years of age at the time of the K-2 issuance. If a dependent child of your fiancé(e) seeks to enter the United States more than one year after your fiancé(e) has received a K-1 visa, it will be necessary to file an immigrant visa petition for the child.

For a child to obtain a K-2 visa, a K-1 visa must have been issued previously to the child’s parent. The child must have a separate travel document. A child or child’s guardian should contact the Call Center. Documents listed in the Information Packet that apply to a child’s case must be presented during the child’s interview.

* Due to the current global pandemic, the U.S. Department of State has temporarily extended the one year window to receive a K-2 visa to 18 months.

3. Do dependent children need to travel to the United States at the same time as the beneficiary?

No, dependent children on a K-2 visa may go to the United States independently provided they have a separate travel document valid for at least 6 months after the visa issuance and a valid K-2 visa.

4. Should I include all of my fiancé(e)'s children in the K visa petition?

USCIS requires all children of a K-1 beneficiary must be listed on the visa petition. If a child has been omitted on the petition you filed, the Embassy requires an original notarized statement from you stating that you know about the child and are aware the child is or may be seeking a K-2 visa.

5. What if my fiancée is pregnant and this is not disclosed on the approved petition?

Visa processing may continue if the petitioner sends the Embassy an original notarized statement indicating awareness of the pregnancy and the desire to proceed with the marriage.

6. If I decide not to marry my fiancé(e), can I cancel the petition?

You should send us a written request by e-mail to stop processing the case.

7. If my fiancé(e) entered the United States on a K visa, but had to leave before we were married, can my fiancé(e) receive a new K visa?

K visas are valid for a single entry within a 6-month period. If a beneficiary has returned abroad prior to the marriage, the consular officer may issue a new K visa provided that the period of validity of the new visa does not exceed the 90th day after the date of initial admission to the United States and the petitioner and beneficiary still intend and are free to marry as evidenced by a written request from the petitioner. After the 90th day, unless other arrangements have been made with USCIS prior to your fiancé(e)’s departure, you will need to start the K visa process again.

8. The Embassy mailed the Information Packet to my fiancé(e), but s/he didn't receive it. What can I do?

Mail delivery in Ukraine can be slow. You should allow one to two weeks for a letter from the Embassy to reach most locations in Ukraine. If your fiancé(e) has not received the Information packet in two weeks, s/he can download it from our web site. The Information Packet is posted on the Embassy website. Either you or your fiancé(e) can access the information directly from the website and can download the KEV-1 form and the rest of the instructional materials.

9. Will the Embassy fax me or my fiancé(e) a copy of the Information Packet or the Appointment Packet?

Due to cost factors we cannot fax duplicate Information packets. All the information contained in the packet can be found on the Embassy website. If the Embassy has already sent out the Information packet, the applicant can use the information on the website as guidance for preparations for the formal visa interview.

10. Will writing to my Representative in Congress or my Senator speed up the process?

Every U.S. citizen may write to Congress about any matter of concern. We reply to all Congressional inquiries. Inquiring through Congress will not, however, speed up the process. Inquiries that you send yourself will receive the same answers we would send to Congress. As a matter of policy, we ask all petitioners to limit their inquiries to one channel of communication. If you choose to inquire through Congress, please do not send duplicate inquiries directly to the Embassy.

11. May I attend the interview with my fiancé(e)?

No. The visa interview is between the officer and the applicant only. No third party should be present unless specifically asked to be present by the Consular Section. Currently, in order to ensure the safety of visa applicants and consular staff during the COVID-19 pandemic, petitioners are not currently permitted to accompany visa applicants to interviews. If you are in need of a separate consular service, you must schedule an appointment. Should a U.S. citizen encounter any problems or find him/herself in danger during their stay in Ukraine, they should call and arrange their visit to the U.S. Embassy.

12. Will my fiancé(e) be able to communicate with the staff at the Embassy?

Yes, we have staff who speak English, Ukrainian, and Russian.

13. What should I do about making travel arrangements for my fiancé(e)?

Travel arrangements are your responsibility. We advise all applicants that final travel arrangements should never be made until the applicant receives the visa. We also advise applicants not to take/quit jobs, sell property, or terminate leases until the applicant receives the visa. Not every visa interview results in issuance of a visa. If you choose to make travel arrangements for your fiancé(e) before receiving the visa, you do so at your own risk.

14. What proof should I present to show that I can support my fiancé(e) financially?

You must supply proof that your fiancé(e) will not become a public charge. This proof can be supplied in different forms. We advise that all applicants present an I-134 affidavit of support form. This form is available from http://www.uscis.gov/. Other evidence may include recent federal income tax returns, W2 forms, and documentation of assets. Do not submit the I-864 Affidavit of Support form. This form is not used for K-1 or K-2 visa cases.

15. If my fiancé(e) lives outside of Kyiv, can s/he present the result of the medical examination from his/her local hospital?

No, the Embassy only accepts medical examination results prepared by approved panel physicians sites in Kyiv with working contracts with the Embassy. If you have questions about the medical examination, please direct them to the clinic.

K1 Frequently Asked Questions (2024)
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