Alien Finacé (e) K-1 Visa
Description
The K-1 fiancé (e) nonimmigrant visa is designed to allow entry
into the United States to fiancé (e)s of U.S. citizens, for
the purpose of marrying their fiancé (e). The process requires
submission of applications, documents, and proof that the couple is
willing to marry within 90 days of entry into the United States. A
K-1 visa is issued once the petition is approved. Once the visa is
approved, the fiancé (e) can enter the United States but must
marry the U.S. citizen within 90 days. The K-1 fiancé (e) is
authorized to obtain employment during that 90-day period before marriage.
After the marriage, the nonimmigrant can apply to adjust their status
to permanent resident as an immediate relative.
Who Is Eligible
To successfully petition for a K-1 visa for a fiancé (e) of
a U.S. citizen, the parties must satisfy the following requirements:
- The parties must have previously met in person within two years
of the date of filing the petition (this requirement can be waived
"if compliance would result in extreme hardship to the petitioner
or compliance would violate strict and long established customs
of the beneficiary's foreign culture or social practice." 8 C.F.R.
Û 214.2(k)(2)).
- The parties have a bona fide intention to marry
- The parties are willing to marry within ninety days of the fiancé (e) arrival
- The parties have terminated any prior marriages
Visa Duration
The K-1 visa duration is 90 days. After 90 days, the parties must
be married and should file a family based residency petition (click here to see information for family based
residency).
Renewability
The K-1 visa is not renewable and cannot be extended.
Family Benefits
An individual can enter the U.S. in nonimmigrant status and marry
their fiancé (e). Oftentimes the processing time of a K-1 visa is shorter
than the processing of an adjustment of status" application abroad.
The individual receives work authorization immediately.
What Documentation Do I Need?
- Passport valid for travel to the U.S. which has at least six months
validity beyond the issuance date of the visa
- Birth certificates of K-1 fiancé (e) applicant (and of children under
the age of 21 that will accompany the applicant)
- Police certificate from all countries the applicant has resided in
since their sixteenth birthday
- Court and prison records
- Two passport size photographs on white background of the beneficiary.
- Evidence of termination of prior marriages
- Form I-134-evidence of support; this can include the beneficiary's
own funds or offer of employment in the U.S.
- Medical examination by the US Immigration Service approved physicians
- Evidence of relationship between the fiancé (e) and the U.S. citizen-this
can include photographs, letters, evidence of engagement
What Is The Process Like?
Stage One:
A visa petition (Form I-129F) will need to be completed and
filed with the Service Center having jurisdiction over the U.S. citizen's
place of residence. If the U.S. citizen is abroad, the petition may
be filed with a consular or immigration office abroad. If filed abroad,
the consulate forwards the petition to a Service Center in the U.S.
The petition must be accompanied by supporting documentation that
will prove that the parties have previously met within the two years
of the date of filing the petition, that there is a bona fide intention
to marry, and that the parties are legally able to marry and will
actually marry within ninety days of entry to the U.S.
The Form I-129F must also be accompanied by:
- Two forms G-325 (for applicant and U.S. citizen),
- Two passport size photographs on white background of both the applicant
and the U.S. Citizen, and
- Proof of the petitioner's U.S. citizenship.
Stage Two:
Once the visa petition is approved, it is sent to the consulate
office that will determine the foreign national's eligibility to obtain
an immigrant visa before issuing the K-1 visa.
The consul will issue several forms that the foreign national must
complete. When the forms are submitted and a security clearance is
issued, the foreign national will be scheduled for an interview and
a medical exam.
At the interview, the foreign national should bring the documents
listed in the "What documents do I need" section. Once the visa is
approved, the foreign national will receive a sealed envelope containing
supporting documentation that he or she must submit to an immigration
inspector upon arrival into the U.S.
Stage Three:
Upon arrival to the U.S., the fiancé (e) must marry the U.S.
citizen within ninety days. K non immigrants cannot change their status
to any other nonimmigrant status and they cannot apply for an extension
of their stay.
What are the BCIS Filing Fees?
Fees for form I-129 F (click here to verify
the US Immigration Service fees as these change regularly:
http://www.uscis.gov/portal/site/uscis/menuitem.
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What are the Legal Fees?
Click here to learn more about our
fee structure.
Click here if you would like to
come in for a free initial consultation.
Where Can I Get More Information?
State Department on fiancée visas:
http://travel.state.gov/visa/immigrants/types/types_2994.html#Applying
Department of State visa services on marriages
with Americans outside of the US:
http://travel.state.gov/visa/immigrants/types/types_2994.html
Department of State visa services on visas for foreigners married
to American citizens:
http://travel.state.gov/visa/immigrants/types/types_1315.html
Classes of Aliens ineligible to receive U.S. visas:
http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html
American Embassies and Consulates:
http://usembassy.state.gov/
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