K-1 Fiancée Visa
By allowing a fiancé(e) and his/her accompanying minor children to be admitted to the United States as non-immigrants, fiancé(e)s can be spared a long separation from their intended spouse, while continuing their processing for an immigrant visa after the marriage takes place. A K-1 Fiancée visa is available to a foreign national who is engaged to a U.S. citizen and a K-2 visa is available for the children of the foreign national fiancée who are unmarried and under 21 years of age. The K-1 Fiancée visa petition is a multi-step process. To initiate the process, a U.S. citizen must file an alien fiancée petition for his/her fiancée with the U.S. Citizenship & Immigration Services (USCIS).
To qualify for a K-1 Fiancée visa, the foreign national fiancée and U.S. citizen must meet the following requirements:
- Both the foreign national fiancée and the U.S. citizen are legally free to be married
- Both the foreign national fiancée and the U.S. citizen must have met in person within the past two years
- Marriage must not be against the public policy
- The U.S. citizen must be able to financially support his foreign national fiancée
Upon approval of the fiancée petition, the foreign national will be scheduled to appear for an interview at the U.S. Consulate of his/her country of origin. During the interview, the foreign national fiancée is required to demonstrate to the satisfaction of the U.S. Consulate that his/ her relationship with the U.S. citizen is genuine and intends to marry the U.S. citizen within 90 days of arrival.
After the foreign national fiancée’s arrival to the United States, he/she must marry the K-1 petitioner within 90 days and thereafter is required to file adjustment of status application with the USCIS. If the Adjustment of Status is approved, the foreign national will receive a two year conditional Lawful Permanent Resident card. Within three months prior to the expiration of the conditional permanent resident card, the foreign national will be required to file an application to remove conditions on permanent residency.
If you are present in the U.S. on a K-2 visa (minor child of a K-1 fiancée), you should seek adjustment of status at the same time as your parent (K-1 holder) since your reason to adjust generally depends on your parent’s eligibility to adjust. There are specific rules as to how long you can seek to adjust your status.
It is worth mentioning here that the K-1 petitioner/U.S. citizen cannot petition for a K-2 visa holder as step-child for adjustment of status if the child is over 18 at the time of the petitioner’s marriage.
At The Ahluwalia Firm, our emphasis is on:
- Providing zealous representation before the USCIS
- Providing careful review of your personal circumstances
- Providing careful coordination of all correspondence with government agencies
- Ensuring a service-delivery model that meets and exceeds your satisfaction
For additional information about our ability to evaluate, prepare, and file your K-1 Fiancée or K-2 visa petition and their subsequent adjustment of status, contact us for reliable legal support.