K-1 Fiancee Visa Requirements
The K-1 Fiancee Visa permits a foreign national to enter the United States for purposes of marrying an American citizen. The legal requirements for issuance of a K-1 Fiancee Visa are as follow:
The petitioner must be a United States citizen.
Petitioner and fiancee must provide proof that they are legally able to marry in accordance with the laws of the fiancee's country and the laws of the USA.
Petitioner and fiancee have personally met within 2 years of the date of filing of the K-1 Fiancee Visa Petition. This requirement can only be waived under very limited circumstances.
< 00004000 p>The parties must prove a serious relationship and a genuine intent to marry within 90 days of the fiancee's arrival in the USA.
Fiancee must have a valid passport with her at the time of the U.S. consulate inteview.
The petitioner must show a minimum income at least 25% above the poverty level set by congress each year.
The fiancee is required to successfully complete a medical examination at a facility approved by the U.S. consulate processing the K-1 Fiancee Visa Petition.
The fiancee must not have any criminal convictions or immigration law violations.
A permanent resident "green card" holder is not permitted to seek a K-1 visa for a fiancee. If either the petitioner or fiancee was married in the past, they must show that they areeligible to marry through divorce, annulment or death of their spouse. The K-1 Fiancee Visa is valid for 6 months from the date of its issuance and the fiancee must marry the petitioner within 90 days of her arrival in the United States. Fiancee may only marry the petitioner and is not legally permitted to remain in the United States for more than 90 days without a valid marriage.
The U.S. citizen petitioner must file the K-1 Visa Petition on behalf of the fiancee. Filing is made with the U.S. Citizenship and Immigration Service. Petitoner must prove appropriate proof of U.S. citizenship. If born in the United States, a certified copy of a birth certificate is sufficient. If not born in the United States, a certificate of naturalization or citizenship is sufficient. Assuming the USCIS approves the petition and supporting documentation, the petition is transferred to the appropriate consulate for further processing and interview. Total time between filing and issuance of the K-1 Fiancee Visa can be anywhere between 3-6 months depending on where the consulate is located.
Note that the K-1 Fiancee Visa is generally issued faster than the K-3 Spousal Visa. There are a number of countries whose citizens are exempt from the necessity of having a visa to enter the United States. Citizens of those countries however, are required to obtain the K-1 Fiancee Visa if they wish to marry a U.S. citizen. The same rule also applies to those in the United States on a tourist visa.
It is prudent to obtain the assistance of an experienced immigration attorney when initiating the K-1 Fiancee Visa Process.
This article is for informational purposes only and is not to be construed as creating an attorney/client relationship.
