Fiancé(e) Visa/ K1 Visa
This visa allows fiancées of U.S. citizens to come to the United States for the purposes of marrying the U.S. citizen. To apply for a K1 fiance(e) visa, the U.S. citizen fiancé(e) must initial a filing in the U.S. on behalf of the foreign fiancé(e). The initial filing packet will be adjudicated by the government agency in the U.S. and if approval is granted the K1 application will be forwarded to National Visa Center and the overseas consulate post where the foreign fiancé(e) resides. A fiancé(e) visa interview will be taken place during this stage of the process. The general purpose of the K1 interview is to ascertained that the purported fiancé(e) relationship is genuine and other burden of proof are satisfied.
Once the K1 visa is approved, the K1 visa holder has generally six months to enter the U.S. before expiration of the visa. Upon entering the U.S. on the K1 fiance(e) visa, the K1 visa holder must marry the U.S. citizen fiancé(e) within 90 days and thereafter process the legal permanent residency (‘ Marriage based Green card”) through the adjustment of status process.
K1 Visa/ Fiancé(e) Visa – General Requirements
- K1 petitioner must be a U.S. citizen.
- Both K1 visa fiancé(e) and K1 petitioner must be free to marry whereby all prior marriages have been terminated through death, divorce, or annulment.
- Both K1 visa fiancé(e) and K1 petitioner must have met in person within the last two years, unless meeting would create an extreme hardship or other exceptions apply.
- K1 visa fiancé(e) seeks to enter the U.S. solely to marry K1 petitioner.
- Marry within 90 days after entry to the U.S.
Obtaining K1 Visa and ultimately a Green Card requires appropriate counsel and application to avoid the numerous potential pitfalls created by the detailed rules and restrictions surround K Visas and Green Cards. Make sure you consult with Cipolla Law Group before applying for you K Visa.