What is K-1 Fiancé Visa & How Does it Work?

If you are a US citizen and you are willing to get married to your foreign fiancé(e) in the US, K-1 fiancé(e) visa is probably the best option for you. The Immigration and Nationality Act gives an opportunity to US citizens to bring their alien fiancé(e)s to the US to get married and to obtain a green card for them. If you need assistance filing for K-1 petition for an alien fiancé visa, our Glendale immigration attorney can

What Are The Requirements For Obtaining a K-1 Fiancé Visa?

The US citizen and his/her fiancé(e) must meet the following requirements for the K-1 Petition for Alien Fiancé(e):

1. The petitioner must be a US citizen; a legal permanent resident is not eligible to file a petition for his/her fiancé(e);
2. The petitioner and the fiancé(e) beneficiary must intend to get married within ninety days after fiancé(e)’s entry to the US
3. Both the petitioner and his/her fiancé(e) must have legal capacity to marry which means that they must be of legal age to marry and that all prior marriages of both parties must be terminated;
4. The petitioner and the fiancé(e) beneficiary must have met in person within two years before filing the petition.

The requirement of in person meeting within two years before filing the petition can be waived only in two circumstances:

1. if compliance with this requirement will result in extreme hardship to the petitioner, or
2. if compliance will violate the customs of K-1 beneficiary’s foreign culture or social practice, such as where marriages are arranged by the parents of the contracting parties and the prospective bride and groom are not allowed to meet before the wedding day. INA § 214.2(k)(2).

What is The Procedure For Bringing a K-1 Fiancé To The US?

To initiate the process of bringing a foreign fiancé(e) to the US, the US citizen petitioner must file the Petition for Alien Fiancé(e) with the United States Citizenship and Immigration Services (USCIS). The petition shall be filed by using the Form I-129F, Petition for Alien Fiancé(e), the latest version of which can be found on USCIS website (www.uscis.gov/forms). The Petition for Alien Fiancé(e) is filed with supporting documents showing the parties have met within two years before filing the petition and their intent to marry within ninety days after the fiancé(e) beneficiary’s entry to the US.

After the approval of the petition by USCIS, the fiancé(e) beneficiary may apply to the US consulate in his/her home country to obtain K-1 Visa for entry to the US. The petitioner and the fiancé(e) beneficiary must get married within ninety days after the beneficiary’s entry to the US. Once the petitioner and the beneficiary get married, the beneficiary can file the application to adjust his/her status to obtain the green card. If the fiancé(e) beneficiary does not marry within ninety days after his/her entry to the US he/she will have to leave the country. Fiancé(e) beneficiaries cannot extend their K-1 status; neither can they change their status.

K-1 Fiancé(e) Visa is a unique option for US citizens and their foreign fiancé(e)s to plan their wedding in the US. Through this visa, the fiancé(e) beneficiary gets the opportunity to enter the US, to get married here and to obtain his/her permanent residency without leaving the country afterward.

If you have questions regarding K-1 fiance visas or any other immigration law questions give us a call and speak to one of our experienced Glendale immigration lawyers.

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