Understanding the K-1 Fiancé(e) Visa Process
If you’re a U.S. citizen engaged to a foreign national, the K-1 fiancé(e) visa allows your partner to enter the United States for marriage. This visa requires that you marry within 90 days of your fiancé(e)’s arrival. After marriage, your spouse can apply for permanent residency (Green Card).
Eligibility Requirements for the K-1 Visa
To qualify for a K-1 visa, you must be a U.S. citizen, and both you and your fiancé(e) must be legally free to marry. This means any previous marriages must have been legally terminated by divorce, death, or annulment. Additionally, you must have met in person within the past two years, unless meeting would violate strict cultural customs or result in extreme hardship. Both parties must also intend to marry within 90 days of the fiancé(e)’s entry into the U.S. .
The K-1 Visa Application Process
The process begins with the U.S. citizen filing Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). Once approved, the petition is forwarded to the National Visa Center (NVC), which assigns a case number and sends the petition to the U.S. embassy or consulate in the fiancé(e)’s country. The foreign fiancé(e) then completes Form DS-160, pays the visa fee, undergoes a medical examination, and attends an interview at the U.S. embassy or consulate. If approved, the K-1 visa is issued, allowing the fiancé(e) to travel to the U.S. .
Upon arrival in the U.S., you must marry within 90 days. After marriage, your spouse can apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status .
How an Immigration Attorney Can Assist
While the K-1 visa process may seem straightforward, legal counsel can provide invaluable assistance. An immigration attorney can ensure all forms and supporting documents are correctly completed and submitted, help you and your fiancé(e) prepare for the embassy interview, assist with any complications such as prior immigration violations or criminal records, and facilitate the adjustment of status after marriage.
Additional Considerations
Unmarried children under 21 of the foreign fiancé(e) may be eligible for K-2 visas. The fiancé(e) can apply for work authorization after entering the U.S. by filing Form I-765. The K-1 visa is valid for a single entry and requires marriage within 90 days. Failure to marry within this timeframe necessitates the departure of the foreign national from the U.S., as overstaying can lead to legal consequences and affect future immigration benefits .
Conclusion
The K-1 visa process involves multiple steps and strict timelines. Engaging an experienced immigration attorney can help navigate the complexities and ensure a smoother journey towards building your life together in the United States.
For more information on this topic or any related immigration issues, call (516) 953-9801 to schedule your FREE consultation.