A fiancé(e) K-1 visa is available for a foreign citizen to come to the U.S. to marry a U.S. citizen within 90 days of the arrival and then apply for adjustment of status to a permanent resident (LPR). Unmarried children under the age of 21 of the fiancé(e) can receive K-2 visas.
To qualify for a K visa, the fiancé(e) and U.S. citizen must have previously met in person within 2 years of filing petition (this requirement may be waived in some circumstances), that there are no legal impediments to marriage, and that there is a bona fide intention to marry within 90 days of fiancé(e)’s entry.
Obtaining the K1 visa is a multi-step process. First, the U.S. citizen must file a petition for his or her foreign fiancé(e) (also known as the “beneficiary”) with the appropriate filing fees and any required documentation with the USCIS. Once the petition has been approved, the USCIS will forward it to the National Visa Center (NVC) and once it has been processed, the NVC will send it to the U.S. Embassy or Consulate where the fiancé(e) lives. The fiancé(e) will then be able to apply for a K-1 visa and schedule an interview with a consular officer.
If the visa is issued, the fiancé(e) may enter the U.S. for 90 days during which period the marriage must take place. After admission to the U.S., the fiancé(e) may immediately apply for permission to work. The fiancé(e) visa automatically expires after 90 days and it cannot be extended or changed to another non-immigrant status.
Fiancé(e) visa applications are usually denied because of insufficient evidence of bona fide relationship, misrepresentations during the application process (e.g., falsifying affidavits from friends and family, failure to disclose medical and criminal history, falsifying income, etc.), or not meeting the eligibility requirements. At Anna Handy Law Firm, P.A., we can help you with every step of a K1 Fiance(e) visa process to minimize your chances of a denial, and save you a lot of time and money. Call us now for a consultation. (386) 248-3000.