Fiancé(e) Visa (K-1)
General Requirements for a Fiancé(e) Visa (K-1)
Many times, a couples' circumstances may not allow the parties to get together in person and marry right away. This may due to financial considerations for costs of traveling, scheduling issues between you and your significant other, or for any other reason. In these instances, it fiancé(e) Visa (K-1) is most likely the best option for you. Generally speaking, the parties must have physically met prior to beginning the fiancé visa process. There exists some exceptions when physically meeting will be contrary a person's custom or tradition or if physically meeting will cause extreme hardship to the US Citizen. Similar to permanent residence through marriage, the parties must show proof of a bona fide relationship between the parties and intent to marry within 90 days of entering the United States. This K-1 visa process is handled through consular processing. Given the recent law changes, same sex couples can also apply for a K-1 visa.
If you are looking for affordable immigration attorneys to examine your fiancé(e) visa eligibility call us today at 405.600.9910. Free consultation available.
Process Procedures in Applying for Fiancé(e) Visa (K-1)
The K-1 process begins with the U.S. citizen applying the form I-129F, Petition for Alien Fiancé(e) inside the United States. Once the I-129F application is approved, the application is transferred to the National Visa Center ("NVC") for additional processing. At this time, you will be required to fill out additional forms and send in original documentation. Once the NVC receives all the necessary documents, it will set an appointment date for your fiancé(e) at the U.S. consulate that you requested. If everything goes well at the interview, the immigrant fiancé(e) will be given a K-1 visa (as well as any minor children under K-2 visas) to enter the United States.
Once the fiancé(e) enters the United States, the parties must marry within ninety (90) days upon entry. Once the parties are married, they are then allowed to apply for permanent resident status inside the United States. Please be aware that if you do not marry and apply for permanent resident status within 90 days of entry, you will be deemed in violation of U.S. law, possibly result in deportation proceedings, and potentially hurt your chances of any other future eligibility under a different visa category. Most importantly, please remember that if you enter on a K-1 visa, you are only eligible to become a U.S. through the same spouse that applied for your K-1 visa application (with a few exceptions).