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The K-1 fiancé(e) visa allows a foreign fiancé(e) to enter the United States in order to marry their U.S. fiancé(e) that sponsored them for the visa within 90 days of arrival. After the alien has married the U.S. citizen, the U.S. sponsor's spouse may change status to become a legal permanent resident (LPR) through the USCIS. Contact us today and learn how we can assist you through the immigration process.
To be eligible for the K-1 fiance visa:
The K-1 applicant along with all K-2 applicants must provide the following documentation during their visa interview:
All K-1 and K-2 visa applicants must undergo medical examination under a authorized panel physician specified by the by the U.S. embassy or Consulate in which the they have applied. Although K-1 and K-2 visa applicants are not required to get the appropriate vaccinations required by those applying for immigrant visas, they are encouraged to get the appropriate vaccination since it will eventually be required when they change their status to Legal Permanent Resident (LPR).
Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. Where the U.S. office has been operating for over one year, transferred employees may enter for an initial maximum period of stay of three (3) years. For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.
A fiancé or fiancée of a U.S. citizen is eligible for the K-1 visa if:
The K-1 Fiancée visa is a dual intent visa that allows the fiancée or fiancé of a U.S. citizen to enter the United States to marry the petitioner. After the fiancé or fiancée marries the U.S. citizen, the fiancé or fiancée may adjust their status by applying for permanent residency (a Green Card). Although the K-1 fiance visa is classified as a nonimmigrant visa, the fiancé or fiancée will usually apply for permanent residency and be issued a green card to stay in the United States with the petitioner.
No, you may not change your nonimmigrant status while you have a K-1 fiancee or fiancé visa.
You may stay in the United States for 6 months with the K-1 Fiance visa. After you enter the United States, you have a 90 day period in which to get married. If you do not get married within the 90 day period, you must leave the country. No extensions are given for the K-1 Fiance visa. After getting married to the U.S. citizen, you may apply for permanent residency and obtain a Green Card. The K-1 Fiance visa is a dual intent visa, and it is generally understood that the fiancé or fiancée will remain in the United States and obtain a green card.
The processing time for the K-1 Fiance visa is around 3 to 5 months, depending on the details of the individual case. It may also take an additional 2-3 months for the consulate to process the K-1 Fiance visa.
In order to apply for the K-1 Fiance visa, the U.S. citizen must submit a petition to the USCIS. In addition, the U.S. citizen must attach a letter of intent in marrying the foreign fiancée or fiancé. You must also attach proof that the U.S. citizen and foreign fiancé or fiancée have met in person within the previous two years of filing the petition. This general requirement may be waived on occasion due to extreme hardship to a U.S. citizen and or cultural issues that prevented the meeting of the two parties. You must also attach proof that you are both able to legally get married, and that you have no pending divorce cases. In the event that you have previously been married, you must provide the USCIS with the divorce decree. In the event that your former spouse has died, you must attach a death certificate. In addition, you must attach a copy of the birth certificate of the fiancé or fiancée.
After residing in the United States for three years after obtaining a green card, you may apply to become a naturalized citizen of the United States.
Yes. In obtaining the K-1 Fiance visa, you have expressed your intent in getting married to the U.S. citizen within the United States, therefore, you must get married in the United States. If you with to marry outside of the United States, then you must obtain an immigrant visa in order to legally enter the United States thereafter.
No. The K-1 fiance visa is required for the fiancé or fiancée to legally enter the United States. In order to obtain a K-1 fiance visa for your fiancé or fiancée, you must apply at a U.S. Consulate or Embassy outside of the United States.
In order to be eligible to apply for the K-1 Fiance visa for your fiancé or fiancée, you must show that you have an income of at least 125% of the poverty line in the United States. In your K-1 Fiance visa application, you must include an Affidavit of Support to show that you have such an income. Please see the chart provided below for information regarding the 2011 poverty guidelines.
Note: to find out if you qualify, multiply the poverty line by 1.25 and then compare this to your gross annual income. If your gross annual income exceeds 125% of the poverty guideline, then you qualify and may submit the Affidavit of Support.
In the event that you cannot meet the financial/income requirements of the K-1 visa, your fiancé or fiancée may apply for an immigrant visa or apply for the green card lottery program.
Your fiancé or fiancée may obtain Employment Authorization by filing Form I-765 at the USCIS Service Center. You may do this after your fiancé or fiancée has come to the United States. Trying to obtain Employment Authorization, however, may not be a good idea since the average time it takes the USCIS to process Employment Authorization applications is around 90 to 120 days, wherein the K-1 fiance visa is only valid for 90 days.
No. If you only with to marry in the United States and not remain there, you may apply for a visitor visa (B-2 visa).
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