Archive for category: Marriage, Fiancee Visas, Family Immigration

What is a K-1 Fiancee Visa?

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What is a K-1 Fiancée Visa?

In situations where a United States citizen wishes to marry or has married an individual, the K-1 Visa, K-3 Visa or adjusting status to (green card).

Lawful permanent residence (green card) are typically the most expeditious visas to reunite the U.S. citizen with fiancée or spouse. A fiancée of a U.S. citizen is eligible for the K-1 Visa and a spouse residing abroad is eligible for a K-3 Visa.

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Is a U.S citizen allowed to petition for his or her spouse?

A U.S. citizen may petition for his or her spouse to obtain permanent residence if the spouse is residing in the U.S..

The K-1 Visa is the most effective method for bringing an alien fiancée to the United States. A U.S. citizen may bring their fiancée to the United States by filing a petition with the United States Citizenship and Immigration Services (USCIS).

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How long can an alien fiancee stay in the U.S.?

The alien fiancée is allowed to stay in the United States for ninety days.

Subsequent to the ninety-day period, the U.S. citizen and alien fiancée must marry and file for lawful permanent residency (green card).

Moreover, the U.S. citizen and alien fiancée must have met within two years of filing the petition. A Waivers may be obtained to overcome the two-year meeting requirement.

Both parties must be legally able to marry. Therefore, divorces must be finalized prior to filing the fiancee visa petition.
Applicants must be aware of immigrant intent, unlawful presence, and public charge issues to ensure that they are in compliance with immigration law. Furthermore, the USCIS will scrutinize the relationship to ensure that it is bona fide and not entered into solely for the purpose of gaining immigration benefits.

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What Happens After The K-1 Petition is Approved?

Once USCIS approves the petition, the application is sent to the National Visa Center to perform security checks. The National Visa Center will forward the petition to the U.S. embassy.

The consulate will send a letter to the alien fiancée requesting a list of documents.

The consulate will also commence security clearance processing. After 9/11 security checks have significantly increased the complexity of consular processing and have increased processing times. The security clearance will partly determine whether or not the beneficiary is inadmissible to enter the United States.

Once all processing is completed, and the applicant has all necessary documents, a consular officer will interview your fiancée to determine if they are eligible for the fiancee visa.

The officer will review all of the documents and question the K-1 Visa applicant to determine that the relationship is bona fide, ensure the applicant is not inadmissible and will not become a public charge. If the consular officers find that your fiancée meets all of the legal requirements, a fiancee visa valid for one entry for a period of six months is issued.

Alternatively, the officer may :

  • deem that a waiver of inadmissibility is necessary;
  • issue a denial or request additional documentation.

U.S. embassy processing tends to be the most intricate aspect of the fiancee visa process. Consequently, non-approvals may occur at the U.S. Embassy even if there is an approval by the USCIS.

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After my Fiancee enters the United States when must we marry? Is my fiance/Fiancee eligible for work authorization?

The fiancee must marry the U.S. citizen within ninety (90) days of entry and apply for adjustement of status to obtain permanent residency (green card).

Work authorization may be granted to K-1 Visa holders and typically requires an additional application after entry to the United States. With the adjustment of status application, the fiancée may also apply for employment authorization and permission to travel while the adjustment of status is pending.

If an applicant enters the United States on a fiancee visa they are ineligible for an extension of stay or change of status

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Related Posts:

  1. K-1 fiancee visa or immigrant visa and greencard?
  2. What is the K-3 Visa (Marriage Visa)?

Fiancée Visa

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U.S. Immigration Lawyer Serving Clients in Sacramento, Bay Area and Nationally

If you are a U.S. citizen considering getting married to a non-U.S. resident, Ranchod Law Group in Sacramento, California, can help you with your K-1 fiancée visa application. We have successfully handled hundreds of fiancée and marriage-based and family-based immigration applications. If you are concerned about getting a K-1 fiancée visa for your intended fiancée, contact us today.

Learn more about K-1 visas at these pages on:

Some things you should know about filing for a K-1 fiancée visa

Applying for a K-1 fiancée visa can be more complex than it seems. Here are some basic things you should discuss with your immigration attorney.

In order to file a successful application for a fiancée visa, a U.S. citizen must first file form I-129F Petition for Relative or Fiancée. To avoid delays, the form must be completed accurately and filed with the United States Citizenship and Immigration Services (USCIS). The USCIS office in which you file depends upon the jurisdiction in which you currently reside. Processing times and procedures for a K-1 fiancée visa vary depending on the Service Center and U.S. Embassy.

Upon approval of the I-129F, the application for the K-1 fiancée visa will be forwarded to the American consular office nearest the city of your fiancée’s current residence. The petition is valid for only four months; however, the consular office may revalidate the application upon request.

An I-129F petition is not automatic

A properly filed application is of the utmost importance. If the application is not filled out correctly, or supporting documentation is improper or incomplete, your application could be delayed or denied. Additionally, if your fiancée has been convicted of a serious crime, has a dangerous mental disorder, or a dangerous communicable disease, the visa will be denied. If your fiancée was convicted of a crime such as prostitution or minor drug distribution, he or she may be ineligible for entry and eventual citizenship. If your fiancée was on a J-1 visa in the United State within the past two years, he or she may also be declared ineligible until the mandatory waiting period for return to the U.S. is completed.

After the I-129F application is approved, your fiancée will be notified by the American consular office and sent the appropriate K-1 fiancée visa application forms to be completed and submitted. Your fiancée will be required to meet strict requirements regarding documents and records. The documents and records that your fiancée will be required to supply include:

  • Birth certificate from the home country
  • A current passport
  • Death certificate of previous spouse, if applicable
  • Divorce certificate, if applicable
  • Official record of all legal residences since 16 years of age
  • Doctor’s certificate of health
  • Evidence supporting your fiancée’s intent to enter into marriage

In addition, your fiancée will be required to supply evidence that you intend to enter into a legal marriage in the United States within three months (ninety days) of receiving the K-1 visa. You will need to establish that your relationship is bona fide, and show proof that the two of you have met previously in person during the past two years. Finally, the U.S. consular office interviews your fiancée about these matters, prior to approving the application for final processing.

To learn more about K-1 fiancée visas and how The Ranchod Law Group can help you with your legal needs, contact us.