K-1 Fiancée Visa

The K-1 Fiancé(e) Visa process is designed to unite U.S. citizens with their foreign national fiancé(e)s without a prolonged separation. Below are the essential steps and requirements for obtaining a K-1 Visa and the subsequent adjustment of status:

K-1 Fiancé(e) Visa Requirements:

  1. Legally Free to Marry: Both partners must be legally eligible to marry according to laws of both the United States and the foreign national’s home country.
  2. Meeting Requirement: The couple must have met in person at least once within the two years prior to filing the visa petition, unless meeting in person would violate strict and long-established customs, or would result in extreme hardship to the U.S. citizen.
  3. Marriage Intent: The foreign national and the U.S. citizen must genuinely intend to marry within 90 days of the foreign national’s arrival in the U.S.
  4. Financial Support: The U.S. citizen sponsor must meet certain income requirements to ensure the foreign national will not become a public charge.

K-1 Visa Process:

  1. Petition Filing: The U.S. citizen sponsor files Form I-129F, Petition for Alien Fiancé(e), with USCIS.
  2. Petition Approval: After USCIS approves the petition, it is sent to the National Visa Center (NVC) and then to the U.S. Consulate or Embassy in the foreign national’s home country.
  3. Interview: The foreign national must attend an interview at the U.S. Consulate or Embassy and provide proof of the relationship and intent to marry.
  4. Entry to the U.S.: If the K-1 visa is granted, the foreign national may enter the U.S. and must marry the U.S. citizen petitioner within 90 days.

Adjustment of Status (Green Card Application):

  1. Marriage: After marriage within the required 90-day period, the foreign national can file for an Adjustment of Status to become a Lawful Permanent Resident (LPR) by submitting Form I-485 to USCIS.
  2. Conditional Residence: If approved, the foreign national will receive a conditional green card valid for two years.
  3. Removing Conditions: Within the 90-day period before the expiration of the conditional green card, both spouses must file Form I-751 to remove the conditions on residence.

K-2 Visa for Children:

  • Children of the foreign national fiancé(e) can come to the U.S. with a K-2 visa.
  • They must be unmarried, under 21 years old, and apply for adjustment of status following the primary K-1 applicant’s application.

Important Consideration:

A step-child relationship must be created before the child turns 18 for future immigration benefits, such as petitioning for the child as a step-child.

If you are considering applying for a K-1 Fiancé(e) or K-2 visa for a fiancé(e)’s children and seeking expert guidance through the process, we can help you understand the benefits of engaging professional legal services.


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