The K-1 visa, also known as the fiancé visa, is designed for U.S. citizens who are engaged to marry foreign nationals. It allows a U.S. citizen to sponsor their foreign partner to come to the United States so that they can marry within 90 days of the foreign partner’s arrival. Eligible children of K-1 visa applicants can apply for K-2 visas to accompany their parent to the U.S. After the marriage, the foreign spouse and their eligible children can apply for adjustment of status to obtain permanent residence in the United States.
K-1 Eligibility:
· The sponsoring fiancé must be a U.S. citizen. Unfortunately, a U.S. permanent resident (otherwise known as a green card holder) is not eligible to sponsor a fiancé for a K-1 visa;
· Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter, according to state law where the marriage is to take place;
· The K-1 visa applicant and U.S. citizen sponsor must have met in person within the past two years. Note: USCIS may grant an exception to this requirement, based on extreme hardship. For example, if it violated the couple’s religion for a man and woman to meet before marriage;
· The couple must be in a valid relationship and intend to marry within 90 days of the K-1 applicant’s arrival in the U.S.; and
· The U.S. citizen sponsor must meet the income requirements for a K-1 visa, but may use a joint sponsor if they are not able to meet the income requirement on their own.
K-1 Application Process:
· Step #1: The U.S. citizen sponsor must file Form I-129F, Petition for Alien Fiancé(e) with USCIS. After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will provide a case number and sends the petition to the U.S. Embassy or Consulate where the K-1 applicant lives.
· Step #2: The K-1 applicant must complete a Form DS-160 online, gather the required documentation, and pay the applicable fees.
· Step #3: The K-1 applicant must attend a consular interview and bring along the required documentation.
· Step #4: If the K-1 visa is issued, the K-1 fiancé can now travel to the United States. The Consular Officer will give the K-1 recipient their visa and a sealed packet containing their civil documents and other documents prepared by the U.S. Embassy or Consulate. It is important not to open the sealed envelope. Only the DHS immigration official should open this packet when the K-1 recipient enters the United States.
· Step #5: Get married! The U.S. citizen sponsor and K-1 fiancé must marry within 90 days of the K-1 fiancé’s arrival. After getting married, the final step is to apply for a marriage-based green card.
The K-1 fiancé visa offers a pathway for couples to overcome geographic barriers and start their lives together in the United States. Navigating the process requires careful planning, close attention to details, and a clear understanding of U.S. immigration laws. Bennett & Harker is dedicated to assisting couples on this journey, please contact us to schedule a consultation with one of our attorneys and learn more about the K-1 fiancé visa.
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