Legal Eagle - K-1: The fastest way to enter the US?

US Immigration Attorney Nandini P Nair gives the details of the K-1 fiance(e) visa

I am in the process of arranging my son’s marriage with a girl in the US. She is a US citizen. Her family has told us about the K-1 visa and that it is the fastest way to bring him to the US. If she applies for the K-1 visa, what is its validity period and what are the conditions that go along with it?

—Rajeev Mehra

The US citizen girl should first file the application with the Immigration and Naturalisation Services in the US. Once she has received the original approval notice, she will forward that to your son. He will receive notification from the consulate to appear for the medical exam and interview. Upon the successful passing of the medical exam and interview at the foreign consulate, there would be three conditions he must follow upon receipt of the K-1 visa:

(1) A visa will be issued with a validity of 180 days. Your son would have to enter the United States before the expiry date shown on that visa.

(2) From the date of entry another deadline becomes effective. Your son will have to marry his fiancee within 90 days after entering the US on the K-1 visa.

(3) After the marriage, there is an another deadline to inform the INS that they have married and are now applying for change of visa status, which means applying for the green card. This also must be done within 90 days of entering the US on the K-1 visa.

I will be travelling to the US to attend business meetings with our US supplier. I have already been issued the B-1 business visa by the Mumbai consulate. What documents should I carry with me to show to the officer at the port of entry?

—Shekhar Kumar

B-1 visa holders should carry with them documentation (such as a company letter) that they have used to obtain the visa, in case they are asked at the port of entry about the purpose of their trip. It is best that these documents are in original.

This is a simple question—under which categories can my aunt (a green card holder) sponsor me to the US.

—Suman Chopra

This is not such a simple question. Unfortunately, your aunt cannot sponsor you for a green card and there is no such preference category. To be eligible to sponsor a relative to immigrate to the US, the person must meet the following criteria:

• The person must be a citizen or a lawful permanent resident of the US and be able to provide documentation proving such status.
• He/she must prove that he or she can support the relative at 125 percent above the mandated poverty line.

If the person is a US citizen, they may petition for the following relatives to immigrate to the US:

• Husband or wife;
• Unmarried child under 21 years old;
• Unmarried son or daughter over 21;
• Married son or daughter of any age;
• Brother or sister, if the US citizen is at least 21 years old; or
• Parent, if the US citizen is at least 21 years old.

If the person is a green card holder they may petition for the following relatives to immigrate to the US:

• Husband or wife; or
• Unmarried son or daughter of any age.

Please advise on the following:

1. The maximum stay allowed outside the US for green card holders without obtaining the Re-entry Permit.

2. How many times can a Re-Entry Permit be allowed?

—Sudhanshu Chopra

Permanent residents are required to maintain permanent residence in the US. Any absence abroad that extends beyond six months raises the presumption that the green card holder has abandoned his or her permanent residence in the US. The green card holder then has the burden of overcoming this presumption when he or she attempts to re-enter the US after a long absence. The Re-Entry Permit is usually issued no more than two times.

Nandini P. Nair is a US Immigration Attorney based in New York, US. E-mail: dininair@aol.com