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K-1 Fiancee Visa is Suitable For:
Fiancee or Fiance of US citizens to enter the U.S. and marry the U.S. citizen within 90 days U.S. citizens to bring their fiance or fiancee to the U.S.
General Information: The K-1 Visa, also known as the fiancee Visa, may be used by United States citizens who wish to bring their prospective husbands or wives to the United States with the intention of getting married. |
Minor children of fiancees can also accompany them to the United States as they can be issued K-2 visas. The U.S. citizen must file a petition with the USCIS on behalf of the foreign fiancee. After the petition is approved, the fiancee can obtain a K-1 fiance visa. The K-1 visa is issued at a U.S. embassy or consulate abroad. The marriage must take place within 90 days of the fiancee entering the United States.
Definition: Individuals for whom English is not a native language sometimes get confused with the terms "fiance" and "Fiancee". The K-1 Visa applies to both Fiancee and Fiance of United States citizens.
Fiancee: A woman to whom a man is engaged to be married.
Fiance: A man to whom a woman is engaged to be married.
Eligibility Requirements: Until the actual marriage takes place, the fiancee is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancee may not obtain an extension of the 90-day original non-immigrant admission. After the marriage takes place, the foreign national may apply for Green Card through Marriage to become a United States citizen.
K1 and K2 Visa Process Outline:
The K1 visa is not a finish yet. It is only a step in a procedure for obtaining permanent residency (a green card) based on a marriage to a US Citizen after entry. The steps involved in immigrating to the US via a K1 visa can be generally described as follows:
1. The US Citizen files the I-129F petition for the foreign fiancee with the USCIS. The I-129f is filed at a USCIS Service Center in the US (where you file depends on where you live). The petition phase is very straightforward. Approval timelines vary with each Service Center, with the processing times ranging anywhere from one to five or six months. Go here to see a list of current processing current times.
2. After the I-129F has been approved, the petition is sent to the Department of State's National Visa Center (NVC) where it is processed and forwarded to the correct embassy and consulate. The process of sending the approved I-129f from the Service Center (through the NVC) and arriving at the embassy takes about a month. The fiancee has 4 months from the time the I-129F was approved at the Service Center to obtain the K1 Visa at the US Consulate in the foreign country. This time period can be extended by a consular officer if required. The visa application process is generally similar in all countries, although each Consulate will vary a bit in their requirements. Every K1 applicant will have a unique story to tell about how they got their visa.
3. Once you have the K1 Visa it is good for only one entry into the United States within 6 months of the issue date. A K2 Visa holder (child of K1 Visa holder) may enter up to one year after the K1, but a K2 Visa holder may not enter the U.S. prior to the K1.
4. Once in the United States, you have 90 days to get married (see "Special Note" at question 3.7)
5. Immediately after marriage, you must apply for an Adjustment of Status, Form I-485, to become a permanent resident. You may also apply for an Employment Authorization Document (EAD) to work (required until your I-485 is approved) and "advance parole" in case you want to travel outside the United States and re-enter before getting your green card (I-485 approval).
.....And then...
6. If your I-485 is approved prior to two years after you were married you will be issued a "Conditional" Permanent Resident status (green card) which is valid for only two years. If you are interviewed and approved greater than two years after you were married you will get a full normal Permanent Residency with no conditions valid for ten years. The time it takes to approve an I-485 depends on where you live and the nearest local USCIS office's processing timeline.
7. If you were given a "conditional permanent residency", after two years from the date you were granted this status, you will have to apply to have the "Conditional" status removed; if approved you will get a full 10 year green card. If you had a full permanent residency status without conditions then this step is not required.
8. Further on down the road, you can apply to become an American citizen (naturalization).
Filing Limitations on K Nonimmigrant Petitioners: If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with the I-129f petition accompanied by documentation of your claim to the waiver. If you have committed a violent offense against a person or persons, the USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist.
Immigration and naturalization law is very specialized and requires many years of experience to understand difficult provisions. If you need qualified legal assistance with an immigration matter, contact the New York Attorneys at Robert Aronov & Associates, P.C. today.
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