K-1 Fiance(e) Visa

1. You need to be a U.S. citizen to apply for your fiancée as a K-1. Unfortunately, green card Holders can not file a petition to bring their fiancé/fiancée to the United States; they will acquire this right after becoming the U.S. citizens.


2. You must intend to marry your alien fiancé/fiancée within 90 days after he/she enters the United States. If you don’t get married within 90 days to your fiancé/fiancée, your fiance/fiancee will be considered “out of status”.


3. You must be legally free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment


4. You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:


1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.


2. If you prove that the requirement to meet would result in extreme hardship to you.


5. You must prove that you can support your fiancé(e) financially.
6. You must submit a copy of your criminal record if you had been convicted for a crime or crimes.

1. You must be living outside of the United States in order to qualify for a K-1 visa.


2. You must be legally free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.


3. You must intend to marry the U.S. citizen within 90 days after your arrival to the United States. If you don’t get married within 90 days, your K1 visa will be invalid.


4. You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:


1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.


2. If you prove that the requirement to meet would result in extreme hardship to you.


5. You have not violated U.S. immigration law. For instance, if you previously overstayed travel visa when you were in the United States, this could affect your K-1 application.

1. In order to qualify for a K-2, you must be the child of foreign national fiancé(e) If you are adopted, there might be certain conditions on your application.


2. You must also be less than 21 years of age and unmarried.


3. You have not violated U.S. immigration law. For instance, if you previously overstayed travel visa when you were in the United States, this could affect your K-1 application.

In order to bring your fiancé(e) to the U.S., you will need to go through the following steps:

• I.

  Filing Petition for Foreign National Fiance(e) with supporting documents with USCIS.

  The process of bringing your fiancé(e) to the U.S. starts from filing Petition for Foreign National Fiance(e) with USCIS by the U.S. citizen. The purpose of this form is to establish the legitimacy of the relationship. You will be required to submit comprehensive package emphasizing the legitimacy of your relationship that includes photos together, signed affidavits from friends, love letters, copies of emails, phone calls logs, and so on. After USCIS approves the petition, it will be sent to the National Visa Center for processing. The National Visa Center will assign you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé(e) lives.

• II.

  Applying for Visa

  The NVC (National Visa Center) will mail you a letter when it sends your fiancé(e) case to the U.S. Embassy or Consulate. Once you receive this letter, you need to inform your fiancé(e) to prepare for the interview. In preparing for the interview, your fiancé(e) will need to schedule and complete a medical examination which must be performed by an authorized panel physician. In addition to the medical examination, applicants will be required to present the proof that U.S. citizen has sufficient income to support his fiancé(e). The foreign national must also submit evidence that she had not been convicted of any serious crimes, and that she has no prior immigration violations.

  
  

  During the interview, the Consular Officer will review visa application again to ensure that fiancé(e) is admissible to the U.S. If all documents were submitted and security check was cleared,the officer will make a final decision whether to give you K1 visa or not.

• III.

  After You Receive a K-1 Fiancé(e) Visa

  When you are issued a K-1 visa, the Consular Officer will give you a passport containing the K-1 visa and a sealed packet containing the documents you provided before, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the Department of Homeland Security immigration official should open this packet when you enter the United States.

  
  

  You must enter the U.S. within 6 months from the date of visa issuance.

• IV

  Entering the United States - Port of Entry

  A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. You should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the U.S. Upon arrival at the port-of-entry, be prepared to present to the CBP officer your passport with visa and your unopened/sealed packet containing your documents.

  

  

  
• V.

  Marriage to the U.S. citizen

  Upon entering the U.S. on a K-1 Visa, you must get married to the U.S. citizen within 90 days. Once you get married, you may apply for permanent residence and remain in the U.S.

  
  

  If the marriage does not take place within 90 days, fiancé will be required to leave the United States. Fiancé(e) status automatically expires after 90 days. It cannot be extended or changed to different non-immigrant status. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

The processing time of reviewing application for K1 visa usually takes from 9 to 12 months, sometimes even more if the paperwork was filed incorrectly or U.S. consulate abroad experiences delays. Majority of clients usually ask us if there is a way around it. Sometimes, couples think that it would be easier and faster if the fiancé(e) comes to the U.S. on a tourist visa and adjust her status here in the U.S. However doing so can be dangerous and cause extra problems. In some cases, the fastest way to bring your fiancée to the U.S. may not be the best.

For example, fiancé(e) of the U.S. citizen, who resides in Ukraine, applies for travel visa with the U.S. consulate. During the interview, she told the U.S. consul that main purpose of her trip to the U.S. is to visit New York, Los Angeles, and other touristic places. In contrast, fiancé(e)’s original intention was to come to the U.S. to reconcile with her boyfriend, U.S. Citizen, and apply for a green card. Or similar situation. Fiance(e) of the U.S. citizen was issued a tourist visa before engagement. After engagement she decided to use her valid tourist visa to come the U.S. to reconcile with her boyfriend and apply for green card in the U.S. At the port of entry, she said to Customs and Border Protection officer that she came to the U.S. to visit new touristic places.

The fiancé(e)’s misrepresentation and fraud made during the interview and on the customs border can significantly hurt her application for green card in the U.S. and in some cases will make her inadmissible to adjust her status or enter the U.S. Fiance(e)’s misrepresentation can be considered as immigration fraud for which there are serious penalties. Those penalties include restricting a person’s ability to obtain immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to 5 years.