How Do I Qualify for a K-1 Fiancé Visa?
A K-1 Fiancé Visa, a particular type of nonimmigrant visa, allows non-U.S. citizens to enter (if qualified and approved) the U.S. to get married. You must meet specific qualifications in order to be eligible for approval for the K-1 Fiancé Visa:
- You (the non-fiancé) are a U.S. citizen;
- both you and your fiancé must have the intent to marry one another within 90 days of the date your fiancé enters the U.S. as a K-1 nonimmigrant;
- the marriage must be valid, that is, the marriage must establish an intent to create a life together and further establish that you are not using the marriage for the purpose of obtaining an immigration benefit
- you and your fiancé are free to marry…legally free to marry. This means that no previous marriage exists which has not been terminated by death, annulment, or divorce; and
- you both have physically been in the presence of one another at least on one demonstrable occasion within the 2 years prior to filing the petition for the Fiancé Visa. This provision may be waived if proof can be offered demonstrating that customs of a strict, long-held nature in the foreign culture or practice of your fiancé require no contact for this time period prior to marriage, or that to meet within the 2 year time period prior to the petition filing date would cause extreme hardship to the U.S. citizen petitioner.
What Happens to My Fiancé Once the K-1 Visa is Obtained?
Typically, if your fiancé is married to you within a 90 day period of admission into the U.S. under the K-1 nonimmigrant, aka Fiancé Visa, then your fiancé may apply for a Green Card (also known as the card which allows your fiancé to achieve lawful permanent resident status).
What if I’m Already Married, How Can He or She Get a Green Card?
Once married, or where you and your fiancé have plans to marry outside of the United States, your fiancé or spouse (as applicable) cannot gain entry into the United States under the K-1 Visa. Instead, a separate process exists which allows for consideration of permanent residence, a green card.
What is the Actual Process for Bringing My Fiancé to the U.S.?
A multi-step procedure exists to allow entry into the U.S. under the K-1 Fiancé Visa. First you will file the Form I-129F, Petition for Alien Fiancé which is then reviewed by the USCIS. If eligible for a K-1 Visa your form is approved and the claim of a fiancé relationship between the two of you is officially recognized. The I-129F form is then sent to the DOS National Visa Center for further review. Next, the DOS National Visa Center forwards the I-129F form to the U.S. Embassy/Consulate located in the country where your fiancé must apply for the K-1 Visa. Your fiancé will then interview with the consulate or embassy in his or her home country. If approved by the consular officer at the DOS, your K-1 Fiancé Visa will be granted and this Visa is valid for up to a six month period for one entry into the U.S..
The next step is for your fiancé to travel to a Port of Entry during the valid period of the K-1 Fiancé Visa. Remember, at this point, admission into the U.S. is not guaranteed as the ultimate decision lies with the officer encountered at the Port of Entry into the U.S.. For this reason it is of the utmost importance to appear at this, and all interviews with immigration officials, on time and organized.
If admitted under the K-1 Fiancé Visa, you both will have a 90 day period to marry. Then, once married, your spouse may now begin the application process which allows for a Green Card (lawful permanent residence status in the United States).
Learn more about other immigration matters here:
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