K-1 Fiance Visa

Introduction

A K-1 Fiance Visa is a visa for a United Stated citizen who wishes to bring a foreign national fiance living abroad to the Untied States to marry them. If you plan on marrying a foreign national anywhere other than the United States you don’t need a Fiance Visa. You also don’t need a Fiance Visa if the fiance is residing legally in the United States.

The K-1 visa visa is issued to the fiance or fiancee of a U.S. Citizen that enters the United States. The K-1 visa requires that the foreigner must marry his or her U.S. Citizen petitioner within 90 days of the entry or they’ll have to leave the United States within 30 days. This visa is not for permanent residence however. Once the couple is married the foreigner must adjust their status to become a lawful and permanent resident of the U.S.(also known as a Green Card Holder). The majority of the K-1 visas that are applied for are granted.

Before one can even fill out a K-1 visa, a couple must have met each other within 2 years of filing. It’s important that the person filing has evidence collected that the couple met in person before filing out a K-1 visa application. All evidence must be submitted with the petition. The American is the one who needs to begin the process of petitioning a foreign fiancee by filling out a I-129 form with the United States Citizenship and Immigration services. Once the petition is received and the proper fees are collected, a background check is then started.

A visa interview has to be scheduled with the U.S. Embassy. At the interview a Consular officer reviews the paper work of both the American petitioner and the foreign fiance. Evidence is looked over to establish a relationship between the two. Also, the interviewer looks over the American’s income level and ensures that thy meet the minimum income requirements. The U.S. petitioner must meet or exceed 100% of the U.S. Poverty guidelines. The consular will only issue a visa if he thinks there is a definite relationship that meets all the necessary requirements.

The visa should only be given to fiance’s who are in a serious relationship with an American citizen.

The American fiance must petition for the other fiance to come over seas. In order to petition you must prove that:

  • You, the petitioner, is a US citizen
  • You intend to marry within 90 days of the fiance being in th United States
  • You and your fiance can legally get marries because any previous marriages have been terminated by annulment, death or divorce.
  • You met your fiance at least once within 2 years before filing your petition. The exception for this rule is if the meeting would be against your culture or the meeting would cause an extreme hardship for you.

After the petition has been approved and the K-1 Fiance Visa is issued, your fiance will be able to enter the United States for 90 days so that you have a marriage ceremony. Once the marriage is complete the spouse can apply for a permanent residence and stay in the US while the USCIS is processing their application.

If your fiance has children that are under 21 and is not marries, they can receive a K-2 non-immigrant visa. Their name must be included in the original I-29F petition filed for the fiance.

If the fiance wants to work, they may immediately apply for permission to work by filling out a form I-765 Application for Employment Authorization with the USCIS Service Center in your area. If you do not marry your fiance within 90 days, the visa expires and can’t be extended. Your fiance must return to their native countries immediately.