Published on the World Journal Weekly on September 10, 2017

Q&A 1 2 3 4

Can We Still Do Fiancée Visa After Getting Married in Taiwan?


We decided some time ago that we would get engaged, do a K-1 fiancée visa (I’m a U. S. citizen), she would come over, and we would get married within 90 days. We wanted to do the fiancée visa because that is shorter than filing directly for the green card. However, our families in Taiwan are now objecting and want to have a big marriage in Taipei in September. I know from looking at Immigration’s processing time that we will not even be close to having the K-1 petition decided by that time. Can we go ahead with the wedding to satisfy our families and still continue processing the fiancée visa?

Dear reader,

A K-1 fiancée visa presupposes that there is no recognized existing marriage. In this case, where there will be a legal Taiwanese marriage, such will prevent you from obtaining a K-1 visa. In such case, the proper way to do it is to have your wife file and I-130 petition and once approved, go through consular processing at the AIT.

Q&A 2

What to do About the FNU on My Visa?

My U. S. visa has the words “FNU” for my first name and both my first and last names in the place for my family name. What am I supposed to do to straighten out my name?

Dear reader,

FNU means “First name unknown.” If you filled out the visa application correctly with your first and last names appearing where they should have appeared on the visa application form, such a mistake would be on the part of the consulate or embassy. You should take the visa back, explain the mistake, and request the cancellation of the visa and a new visa with your correct name and without the FNU.


Q&A 3

What Should I Do if My F-1 Change of Status Has Been Filed Without Results Since January 2017?

I came to the U. S. as a visitor under B-2 visa in September 2016, was given 6 months to stay, and filed for a change of status to F-1 student in January 2017. Since then, I have heard nothing after getting a receipt in February. Should I be worried? Is there anything that I can do? Is this normal? Please note that my financial sponsor is my father and he has been overseas for the past 2 months.

Dear reader,

Applications for change of status to student are being adjudicated with dates of receipt of 1/9/2017 at the Vermont service center and 4/16/17 at the California service center. Cases are being transferred from one center to another dependent upon the workload in a service center. If your case is being adjudicated by Vermont, it is not current. If in California, you should receive an adjudication or other correspondence soon. You can check your receipt and any correspondence that you have received from U.S.C.I.S. to determine where your case is at. If in the California service center, you can communicate with U.S.C.I.S. at its 1-800 number, 1-800-375-5283. The fact that your sponsor is your father should not have a negative impact on your case.


Q&A 4

Can My Wife Get the H-4 Visa Stamp While I Am Processing An H-1B Transfer to A New Company?

I got the news from the company that sponsored my H-1B that it would not sponsor me for the green card, and so I started looking for another company. Now the new company has started sponsoring for my H-1B transfer. It is now close to the time of the first H-1B anyway. My wife had to go back to Hong Kong recently because of health problems with her mother. She will need to have a new H-4 visa to come back. Do you think that she can get a new H-4 visa when I am in the middle of the transfer process?

Dear reader,

If you are still with your old company, I do not see that your wife would have a problem with the H-4 stamping on that issue. However, if you have already transitioned to the new company, the consular officer may ask your wife to wait until your situation is resolved before issuing her the H-4 visa.


Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.


  View Alan Lee's profile

 View Alan Lee's LinkedIn profileView Alan Lee's profile