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Non-Immigrant Visas FAQ
Q: What if I wish to stay after my I-94 card date requires me to leave?
A: In order to stay beyond the time limit set on your I-94 card, you will need to file Form I-539, Application to Extend/Change Nonimmigrant Status, with the USCIS. The decision to grant or deny the request is solely in the hands of the USCIS. Be sure to allow adequate time for the USCIS to review your application for an extension.
Q: If my foreign national fiancée receives a fiancée visa, does she automatically receive permanent residence status after we are married?
A: No. A fiancée visa (K-1) is actually a nonimmigrant (temporary) visa. After your marriage, if your new spouse wants to remain permanently in the United States, he or she will need to apply to adjust to permanent resident status. If you have been married less than two years, your new spouse will receive only a conditional permanent resident status.
Q: How can I persuade the consul to issue a visitor visa?
A: You need to be able to show that you have important links to your home country that establish you intend to return there. Family relationships, ongoing employment, financial links, and other ties should be demonstrated. Having a permanent residence abroad is a requirement for tourist, business, student, exchange visitor and some temporary worker visas. The Consular Officer needs to be convinced that you will not use the nonimmigrant visa to gain entry into the United States with the intent of remaining here.
Q: What is a work permit?
A: If you are not a United States citizen or a lawful permanent resident, you may need to apply for a work permit from the USCIS to prove to an employer that you are legally entitled to work. United States employers are required to perform checks to ensure that all employees, regardless of citizenship or national origin, are allowed to work in the United States.
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