Other Visas
Student Visa (F-1)
An alien who has a residence in a foreign country which he/she has no intention of abandoning, who wishes to come to the U.S. to pursue a course of study at an academic institution accredited by USCIS, may qualify for an F-1 visa. The alien must have a valid educational purpose for coming to the v, and must be able to support himself or herself while in the U.S. without working.
The applicant must have available sufficient funds and outside financial support to ensure he/she will not become a public charge or accept unauthorized employment. He or she must be proficient in English or receive training to make him or her proficient, intend to depart the U.S. at the conclusion of his or her studies, and be qualified to attend the particular institution. All students are given permission to be in the United States for "duration of status," that is for the period of time needed to complete the educational program plus 60 days.
At the end of the course of study a period of work authorization may be requested for the purpose of gaining experience in the field of study, known as "practical training." If qualified, the student may also change non-immigrant status to a temporary non-immigrant work visa or adjust status to a permanent resident visa.
F-1 visa status may be obtained by making an application directly to a Consular Officer at a U.S. Embassy or Consulate, or, if the applicant is in the U.S. in lawful status, by submitting an application to INS to change his/her status to that of a student. In either case, the applicant must first be accepted at a school that is authorized by the INS to accept foreign students. Such schools may include established colleges, universities, seminaries, conservatories, academic high schools, other academic institutions, or language programs in the United States. The requirements for application vary somewhat depending whether the prospective student applies while abroad, or while physically present in the United States.
Religious Visa (R-1)
This visa applies to individuals who, for at least two years immediately preceding the time of application for admission, have been a member of a religious denomination having a bona fide, nonprofit religious organization in the United States, may be admitted temporarily to the United States to carry on the activities of a religious worker.
The alien must be coming to the U.S. for one of the following purposes: solely to carry on the vocation of a minister of the religious denomination; to work for the religious organization at the request of the organization in a professional capacity; or to work for the organization, or a bona fide organization which is affiliated with the religious denomination, at the request of the organization in a religious vocation or occupation.
The sponsor will file a petition with the INS Regional Service Center having jurisdiction over the organization. The Religious Organization must be a bona fide Religious nonprofit organization in the U.S., the Organization may show tax exemption under the Internal Revenue code, 501(c)(3). The Applicant will need to document that he or she was a member in the same religious denomination as the sponsoring organization for a two-year period immediately preceding the application.
Factors to consider in determining a bona fide religious denomination are:
- Presence of some form of ecclesiastical government
- A recognized creed and form of worship
- A formal code
- Religious services
- Ceremonies
- Establishment of place of worship
- A religious congregation
- Duration of Visa
An R-1 visa may be valid for a period up to 5 years. Spouses and unmarried minor children of an alien who holds a R-1 visa are eligible for a R-2 visa which does not authorize them to work in the U.S.
Fiancé(e) Visa (K-1)
The fiancé(e) visa allows U.S. Citizens only (not Legal Permanent Residents) to apply for permission with a U.S. Consulate abroad to allow his or her fiancé(e) to enter the U.S. with a K-1 visa. The U.S. Consulate abroad will only review this application after there has been an approved petition by the USCIS which must be applied for inside the United States by the U.S. Citizen on behalf of his or her fiancé(e).
The marriage must take place within 90 days of the fiancé entering the U.S.. If the marriage does not take place within 90 days or the fiancé(e) marries someone other than the U.S. citizen filing USCIS Petition for Alien Fiancé, the fiancé(e) will be required to leave the U.S. Until the marriage takes place, the fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.
If the fiancé(e) intends to live and work permanently in the U.S., the fiancé(e) should apply to become a permanent resident after the marriage. If the fiancé(e) does not intend to become a permanent resident after the marriage, the fiancé(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.
You may also apply to bring the fiancé(e)'s unmarried children, who are under age 21, to the U.S. After arriving in the U.S., the fiancé(e) will be eligible to apply for a work permit.
