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BabyBlueSusie

Question About Transit Visas for K1 Holders

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I'm trying to figure out what is the best way for my fiance to come to the U.S. if he is granted the visa in a month or two...

Background Info:

1. He is an Albanian citizen

2. He doesn't speak English

3. He speaks Albanian and Italian

There appear to be no direct flights from Tirana, Albania to JFK.

I'm thinking that the best airline for him to use (in the event that I am unable to fly with him) is Alitalia (since he speaks Italian), but all of those flights have a transfer somewhere in Italy.

My question is as follows:

Is a K1 visa holder required to have a transit visa in order to switch flights in Italy?

I have done a bit of research, and it's kind of confusing. I'm pretty sure that those holding a valid U.S. visa in their passport are not required to have a transit visa, but I just want to be sure.

Thanks in advance.

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Filed: Citizen (apr) Country: Germany
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As an Albanian citizen your fiance wouldn't need a transit visa if he was going through Germany and from what I have read it is the same with Italy. He is not allowed to leave the international / transit zone of the airport and can't stay longer than 48 hours, but that won't happen anyway, I figure.

FYI: The problem with the K1 is, that it is a non-immigrant visa and your fiance only becomes an (intending) immigrant upon marriage to you. If he would be required to obtain a transit visa his K1 in his passport would not exempt him from the transit visa requirement (like a K3, CR1/IR1 or the Greencard would) because it it no proof of US residence yet (again, like a Greencard would be).

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Filed: AOS (apr) Country: Syria
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my husband didnt come on k-1 but a k-3 and he came thru milan with no problem or transit visa. even as a pending aos he went thru there. as long as u dont leave the airport. if he has to change airports i think he will need one.

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thanks very much to you both, very useful info indeed! :thumbs:

Removal of Conditions NOA: 2/24/11

Biometrics Appt: 8/15/11

ROC Approval: 9/30/11

Card Production Ordered: 10/11/11

Card Received: 10/15/11

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  • 2 weeks later...
Filed: AOS (apr) Country: Albania
Timeline

Austria also does not require a transit VISA, but the UK does, so make sure his flight does not go through there. It is possible to go Tirana, Munich, USA (all the way to San Francisco if need be). That would only be one stop for him to deal with.

Make sure he does not try and leave the transit area. My fiance called in a panic that they were going to send him back to Albania and I was on the phone with customs officials in Frankfurt when we realized the problem was he was following everybody out through customs.

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Austria also does not require a transit VISA, but the UK does, so make sure his flight does not go through there. It is possible to go Tirana, Munich, USA (all the way to San Francisco if need be). That would only be one stop for him to deal with.

Make sure he does not try and leave the transit area. My fiance called in a panic that they were going to send him back to Albania and I was on the phone with customs officials in Frankfurt when we realized the problem was he was following everybody out through customs.

true that. thank you very much for the info. i will make sure we go through italy, because he speaks italian and i dont want anything silly to happen because he cant understand anyone... thanks again!

Removal of Conditions NOA: 2/24/11

Biometrics Appt: 8/15/11

ROC Approval: 9/30/11

Card Production Ordered: 10/11/11

Card Received: 10/15/11

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  • 3 weeks later...
Filed: IR-1/CR-1 Visa Country: Albania
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he can use Austria Airlines or Alitalia and I know that they both don't require transit visas.

Ty nuk te kam zemer, te kam shpirt, se zemra vdes nje dite por shpirti s'vdes kurre.

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As an Albanian citizen your fiance wouldn't need a transit visa if he was going through Germany and from what I have read it is the same with Italy. He is not allowed to leave the international / transit zone of the airport and can't stay longer than 48 hours, but that won't happen anyway, I figure.

FYI: The problem with the K1 is, that it is a non-immigrant visa and your fiance only becomes an (intending) immigrant upon marriage to you. If he would be required to obtain a transit visa his K1 in his passport would not exempt him from the transit visa requirement (like a K3, CR1/IR1 or the Greencard would) because it it no proof of US residence yet (again, like a Greencard would be).

A K-3 is no more an immigrant visa than a K-1--both are nonimmigrant visas. The CR1/IR1 alone is not proof of residence and does not exempt visa requirement the same as a green card until it has been endorsed on first entry. Many countries will not have a transit visa requirement for those with current U.S. visas, but I have yet to find anywhere that specifies certain types of US visas. If you know of one, please tell me.

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