K-1 Visa Application: Requirements to Marry a Foreign National in the U.S
U.S. citizens who wish to marry their foreign national fiancA (male) or fiancAe (female) in the U.S. can apply for the K-1 visa petition. In order to be eligible for applying the U.S. FiancAe Visa, both the partners should not be married at the time, the earlier marriages should be settled either by an annulment, a divorce, or by death of the previous partner.
To apply for the K-1 visa, it is also required that you should have met your fiancA / fiancAe personally within the past two years. The criteria would be waived in cases where your meeting would create extreme hardships for you or violate a long followed custom or tradition. A 90 day notice period would be given for you to get married once your fiancA / fiancAe enters the United States.
This petition can also be filed in case you wish to bring your fiancA / fiancAe's unmarried children under the age of 21 to live in the United States. Legal permanent residents of the United States of America are not required to file the K-1 visa and can apply for the immigration of their newly wedded wife/ husband after the wedding.
The U.S. Embassy or the consulate abroad issues the K-1 visa, once the petition is approved. It is also mandatory that the fiancA / fiancAe of the applicant to remain unmarried until their arrival in the United States of America.
On violation of the rules and regulations mentioned, the fiancA / fiancAe will be required to leave the United States within the speculated time. Extending the 90 day time period of the original nonimmigrant U.S. marriage visa cannot be obtained.
The status of the K-1 visa can be obtained online, by phone, or by contacting the suitable USCIS office. If the K-1 visa petition is denied, a reapplication to the visa is entitled within 33 days of receiving the denial mail.
