K-1 Fiancé Visa
For those seeking to enter and live in America, the K-1 Fiancé Visa is a potential pathway under a particular circumstance, i.e., marriage. It entails a comprehensive procedure and requires the sponsor and the fiancé to provide complete and honest information concerning their current relationship and future marriage plans.
The K-1 Visa, classified as a non-immigrant visa and is also called the Fiancé Visa. It allows a foreign national, man or woman, engaged to a U.S. citizen to come to America and marry and live with their future spouse (and minor kids brought on K-2 visa) within 90 days. Besides, the sponsor must prove their capacity to support themselves, their fiancé, as well as their kids.
If you cannot get married within the stipulated period, the immigrant fiancé must leave the country, and no adjustment of status may be entitled. The visa cannot be extended or renewed, but you can apply for a green card via Form I-485 after marriage. Also, you can work with a K-1 visa after obtaining work authorization via Form I-765.
In certain situations, it is best to skip the fiancé visa, get married, and directly apply for a spousal visa. However, this will depend on various factors, and it is in your best interest to partner with a knowledgeable immigration attorney and avoid any setbacks.
The specific K-1 visa requirements include:
- Both partners must be legally eligible for marriage
- The sponsor must be a U.S. citizen, not a green card holder
- The sponsor must meet the specific income requirements
- Proof of any previously terminated marriages must be provided
- Same-sex partners are also eligible regardless of the home country laws
- The legitimacy of the relationship must be evidenced (via photos, written statements, etc.)
- The couple must have met in person in the past 2-years of filing the visa application
- A statement indicating the intent to marry must be provided
- Police clearance must be provided
- A sealed medical exam form must be provided
Once the requirements are met and the interview is conducted at a U.S. embassy or consulate, the interviewing officer approves the K-1 Fiancé Visa. You will then have 6-months to travel to The States from the date of visa approval.
Upon your arrival in the country, you must get married within the specified time. After getting married, you can apply for a marriage-based green card sponsored by the same individual as your K-1 visa.
Get a Legal Consultation Today
A K-1 Visa permits entry to the fiancé of a U.S. citizen so you two can marry. It is in no way a pathway to know each other and then decide whether or not you might want to materialize the relationship. At Daniel Albert Law, we understand what goes into successfully obtaining your visa without harming your future U.S. immigration privileges. For better professional assistance, contact our expert immigration attorneys today.