- What is a K-1 Fiancée Visa?
- Is a U.S citizen allowed to petition for his or her spouse?
- How long can an alien fiancee stay in the U.S.?
- What Happens After The K-1 Petition is Approved?
- After my Fiancee enters the United States when must we marry? Is my Fiancee eligible for work authorization?
What is a K-1 Fiancée Visa?
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.
Is a U.S citizen allowed to petition for his or her spouse?
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).
How long can an alien fiancee stay in the U.S.?
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.
What Happens After The K-1 Petition is Approved?
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.
After my Fiancee enters the United States when must we marry? Is my fiance/Fiancee eligible for work authorization?
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.