K-1 Fiance Visa
What is
K-1 Fiance Visa
The K-1 Fiancé Visa is a nonimmigrant visa for the foreign-citizen fiancé of a U.S. citizen. This visa permits the foreign-citizen fiancé to travel to the United States and marry their U.S. citizen sponsor within 90 days of arrival. Following the marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder).
Understanding the K-1 visa process
Step 1: Filing the petition
- Form I-129F: the U.S. citizen sponsor must file Form I-129F, Petition for Alien Fiancé(e), with USCIS.
- Supporting documents: include proof of U.S. citizenship, proof of the relationship, and evidence of having met in person.
Step 2: Applying for a visa
- National Visa Center (NVC): once USCIS approves the petition, it is sent to the NVC, which assigns a case number and forwards it to the U.S. Embassy or Consulate where the fiancé lives.
- Visa application: the foreign-citizen fiancé must complete Form DS-160, Online Nonimmigrant Visa Application, and gather required documentation for the visa interview.
Step 3: Visa interview
- Required documents: passport, birth certificate, police certificates, medical examination results, evidence of financial support, and proof of the relationship.
- Interview: conducted at the U.S. Embassy or Consulate. The consular officer will review the application and supporting documents.
Step 4: Arrival and marriage
- Travel to the U.S.: if the visa is approved, the fiancé can travel to the U.S. and must marry the U.S. citizen sponsor within 90 days.
- Adjustment of Status: after marriage, the foreign-citizen spouse can apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
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Benefits of a K-1 visa
- Family reunification: allows couples to be together and start their lives in the U.S.
- Pathway to permanent residency: the foreign-citizen spouse can apply for a green card after marriage.
- Employment Authorization: the foreign-citizen fiancé can apply for a work permit.
Transitioning from K-1 visa to Green Card
After marrying within the 90-day period, the next step is to adjust the status to that of a lawful permanent resident. This involves:
- Filing Form I-485: along with supporting documents such as proof of marriage, medical examination, and financial support evidence.
- Biometrics appointment: attending an appointment for fingerprinting and other biometric data collection.
- Interview: both spouses may be required to attend an interview with USCIS.
Common challenges and how to overcome them
- Incomplete documentation: ensure all required documents are submitted and are complete.
- Meeting the income requirement: U.S. citizen sponsors must meet income requirements to show they can support their fiancé.
- Proof of relationship: provide substantial evidence of a genuine relationship, including photos, travel records, and communication logs.
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Maintaining K-1 visa status
To maintain K-1 status:
- Marry within 90 days of arrival.
- File for adjustment of status in a timely manner.
- Adhere to all U.S. immigration laws and regulations.
Extending your K-1 visa
The K-1 visa cannot be extended. If the marriage does not occur within 90 days, the foreign-citizen fiancé must leave the U.S. immediately.
K-1 visa for dependents
Children of the K-1 visa holder can apply for K-2 visas to accompany their parent to the U.S. They must be unmarried and under 21 years of age.
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Eligibility criteria
U.S. Citizen petitioner requirements
- Must be a U.S. citizen.
- Must intend to marry within 90 days of the fiancé’s arrival in the U.S.
- Must be legally free to marry and any previous marriages must have been legally terminated.
Foreign-citizen fiancé requirements
- Must intend to marry the U.S. citizen within 90 days of arrival.
- Must be legally free to marry.
- Must have met the U.S. citizen sponsor in person at least once within the two years prior to filing the petition (exceptions can be made for extreme hardship or cultural reasons).
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The importance of legal consultation in today's complex world
Navigating U.S. immigration laws can be daunting. A legal consultation provides:
- Expert guidance: immigration laws are complex and ever-changing. Legal experts can provide clarity and guidance.
- Document preparation: ensuring all required documents are correctly prepared and submitted.
- Peace of mind: knowing that your case is being handled by professionals who understand the intricacies of immigration law.
Key benefits of legal consultation
- Personalized advice tailored to your specific situation.
- Increased chances of a successful visa application.
- Professional handling of any legal issues or complications that arise.
When to seek legal consultation
- At the start of the application process.
- If you encounter any legal issues or complications.
- If you need assistance with preparing for the visa interview.
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