K-1 Visa for Fiancees

The K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States.

A K-1 visa requires a foreign national to marry his or her U.S. citizen petitioner within 90 days of entry, or to depart the United States. Once the couple marries, the foreign national can adjust their status to become a legal permanent resident of the United States (Green Card holder).

Although a K-1 visa is legally classified as a nonimmigrant visa, it generally carries significant immigration benefits and is therefore often processed by the Immigrant Visa section of United States embassies and consulates throughout the United States. the world.

Process to bring your fiancé(e) to the United States

The process to bring your fiancé(e) to the United States involves USCIS, the US Department of State (DOS), and US Customs and Border Protection (CBP). its acronym in English). At each stage of the process, security and background checks can be carried out on both you and your fiancé(e). This may include checks on various databases for national security, criminal records, and other information about you and your fiancé(e). These checks are carried out using fingerprints, names or other biographical or biometric information.

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Requirements for a K-1 visa

Both fiancés must be eligible to legally marry in the petitioner's state of residence. For example, at the time the visa application is submitted, as well as at the time of its issuance, both must be of legal age and not married to each other or to any other person. Some individuals, such as those with certain untreated communicable diseases, those who have committed crimes of moral turpitude, those who are addicted to illegal drugs, people who were previously deported from the U.S., and those who have participated in acts of terrorism or are members of a designated terrorist organization, are not eligible for any immigrant visa.

Both bride and groom must have met in person at least once within the two years prior to submitting the visa application. This requirement may be waived by the Department of Homeland Security, but only for cases with strong cultural or religious traditions that prevent such a gathering.

Visa applicants must demonstrate to the consular officer that they are unlikely to become public officials in the United States. Generally, this is accomplished when the petitioner submits an Affidavit of Support (Form I-134) showing that he or she has income or assets that are above the poverty line in the petitioner's state of residence. Both bride and groom may be required to present certain documents, such as birth certificates and identification cards, to prove their identity, as well as divorce decrees or annulment records to show that they are eligible to marry. The precise documents required are established by the Embassy in each country to reflect the documents commonly used in that country.

Related visa categories

Unmarried children, under age 21, of a K-1 visa beneficiary may also immigrate with their parents. Because these children obtain their immigration status through a parent, they are known as derivative applicants and are granted a K-2 visa. (The precise definition of a “child” for immigration purposes is complex, taking into account the various permutations of adoptive, stepparent, and half-sibling relationships that are possible.) Derived children can immigrate at the same time as their children. parent, or may continue to join the parent up to one year after the parent's K-1 visa is issued.

There are two additional categories of “K” visas. The K-3 visa is for the spouse of a US citizen. It was created to allow a foreign spouse of a U.S. citizen the opportunity to enter the U.S. as a nonimmigrant and adjust their status to lawful permanent resident by completing Form I-485 to USCIS. It is similar to the IR1/CR1 category which are also for the spouse of a US citizen. The only practical difference is that a K-3 visa is a nonimmigrant visa, therefore the foreign spouse must adjust to immigrant status after arriving in the United States. The IR1/CR1 visa categories are immigrant visas, therefore they do not require adjustment of status once the beneficiary has arrived in the United States. A K-4 visa is a derivative visa issued to the child of a K-3 visa holder.

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