Visa Details - Goff & Wilson - Professional Association

K-1 Fiancé Visa

The K nonimmigrant visa category permits the fiancé(e) of a US Citizen to enter the United States for a 90-day period to marry the US Citizen.

A US citizen must file the petition. It may not be filed at the consulate abroad. The petitioner must be able to prove that they have previously met in person within the last two years of the date of filing. A waiver of this provision can be obtained in rare circumstances for good cause shown. The parties must have a bona fide intention to marry and they must be willing and ready to be married within 90 days of the fiancé(e)'s arrival in the US. Thus, both parties must show that they have terminated any prior marriages. K-1 non-immigrants are admitted for 90 days in order to marry the US Citizen. Employment authorization can be obtained during this period.

Upon approval of the petition, the Immigration Service sends the petition to the overseas consulate. It remains valid for four months from the date of action by the Immigration Service. It can be revalidated for additional four-month periods upon proof that the parties still intend to marry. An approved K-1 petition is automatically terminated when the petitioner dies or withdraws the petition before the beneficiary arrives in the US.

If the couple does not marry within the specified time period, then the foreigner must depart the US. There is no change of status or extension of stay permitted in this category. Dependents of the K-1 beneficiary enter the US in K-2 status.

Once the marriage has taken place, the foreign spouse must apply for adjustment to permanent resident status, which would also include any children. Approximately six months later (depending upon where in the US the applicants live), an interview with the Immigration Service would be scheduled to determine among other matters, if the marriage was valid. Then conditional resident alien status may be granted. Permission for work and travel may be obtained while waiting for the interview.

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