Immigration News Update
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K1 VISA / FIANCEE VISA
/ FIANCE VISA ATTORNEY
To consult a K1 Fiance Visa attorney, please call us at (626) 642-8066
or e-mail us at email@example.com.
An attorney in our office would be happy to assist you.
A fiancee of a US citizen may apply for a nonimmigrant visa, which allows
US entry for 90 days. Within that 90 day period, the US citizen and the
foreign fiancee must be
married. The fiancee must then apply for permanent
resident status in the United States.
K1 VISA PETITION
To establish K1 visa classification for an alien fiancee, an American
citizen must file a petition with the US Citizenship and Immigration Services
(USCIS, formerly the Immigration and Naturalization Service). The approved
petition will be forwarded by the USCIS to the American consular office
where the alien fiancee
will apply for his or her visa. A petition is valid for a period of four
months from the date of USCIS action, and may be revalidated by the consular
VISA INELIGIBILITY AND
Applicants who (1) have committed serious criminal acts; (2) are likely
to become a public charge; (3) have used illegal means to enter the United
States; (4) have a communicable disease or a dangerous mental disorder;
(5) are drug addicts; or (6) are subject to the J1 two-year foreign
residency requirement, do not qualify for a K1 visa, unless a waiver
of inadmissibility is granted. The waiver must be approved by the
USCIS before the consular officer will issue a K1 visa.
APPLYING FOR A K1 FIANCE
Upon approval of the K1 petition by the USCIS, the applicant may apply
for a K1 visa stamp at the American consular office. A fiancee
visa applicant is an intending immigrant and, therefore, must meet
documentary requirements similar to the requirements of an immigrant
visa applicant. Both the American citizen petitioner and alien beneficiary
must be legally able and willing to conclude a valid marriage in the United
States. The petitioner and beneficiary must have previously met in person
within the past two years unless the USCIS waives that requirement. As
soon as the processing of a case is completed and the applicant has all
necessary documents, a consular officer will interview the fiancee. If
found eligible, a visa will be issued, valid for one entry during a period
of six months.
AFTER ENTRY INTO THE
The alien fiancee must apply for work
authorization with the USCIS in order to accept employment in the
United States. The marriage must take place within 90 days of admission
into the United States. Following the marriage, the alien spouse must
apply to the USCIS for permanent
residency. The applicant is initially granted conditional resident
status. After two years, applicant may apply to the USCIS for removal
of the conditional status.
The unmarried, minor children of a K1 beneficiary derive K2 nonimmigrant
visa status from the parent so long as the children are named in the petition.
A separate petition is not required if the children accompany or follow
the alien fiancee within one year from the date of issuance of the K1
visa. Thereafter, a separate immigrant visa petition is required.
The alien fiancee must apply for work authorization with the USCIS.
K1 VISA LAW LIBRARY
Affairs Manual 41.81 Notes - K Visas for Fiancees and Spouses
Affairs Manual 41.81 Procedural Notes - K Visa Procedures
Marriage Broker Regulation Act - USCIS Guidance Memo
of Status for K2 Visa Holders
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