The K-1 Fiancee Visa: Immigration Through Compromise

The K-1 visa allows fiancés of qualifying US citizens to immigrate to the United States. Transnational marriages have become increasingly common with the development of international trade and tourism. Unsurprisingly, the popularity of the K-1 visa has also increased considerably. This article provides an overview of what would-be K-1 applicants need to know: the main qualifications and benefits of this type of immigration visa.

1. Primary Qualifications for K-1 Applications.

has. Citizenship. The fiancé or fiancée must apply for the visa as a citizen of the United States. The petitioner cannot, for example, be a US green card holder.

b. legitimate relationship. The couple must prove that the marriage is the real reason the non-citizen is applying to enter the US. Wholly inappropriate reasons to apply include I) a social trip to the United States, ii) sightseeing, and iii) business. The US government requires that engaged parties provide proof that they have legitimately fallen in love and intend to marry. This evidence often includes photographs, emails, text messages, letters, phone records, and affidavits.

against in person requirement. The spouses must meet in person at least once within the two years immediately preceding the submission of their application. Online videos, phone calls, and emails are not enough, although these types of interactions can serve as evidence of a legitimate relationship.

d. free to marry. Both sides of the engaged couple must be free to marry. Neither the fiancé nor the fiancée can be married or have a pending divorce during the application process. As a practical matter, any divorce proceeding should be finalized well in advance of the K-1 application.

me. financial ability. The parties must be able to financially support themselves in the United States without assistance from the US government. The US citizen typically presents proof of income and executes a security against the non-citizen who becomes a financial burden on the US government. If the non-citizen lacks financial resources, other US citizens may need to provide security financial services on behalf of the non-citizen.

F. timely marriage. The couple must be ready to marry immediately upon the non-citizen’s entry into the US The non-citizen may remain in the US for 90 days prior to marriage. If the parties do not marry within this 90-day period, the non-citizen must leave the U.S. In the absence of marriage, the K-1 visa holder cannot apply for an extension of time, cannot adjust their status To obtain a green card, you cannot remain in the US through work, and you cannot remain in the United States on any other type of visa, regardless of educational status.

The requirements for a K-1 visa may seem strict, but most legitimate couples with legal advice meet them with relative ease.

two. Notable Benefits of K-1 Immigration.

has. children come too. K-1 visa holders may bring their children who are 21 years of age or younger to the US. The type of visa for children is called K-2 and allows the parent and children to enter the United States at the same time. Children of non-citizens do not need to wait in their home country to complete the marriage.

b. Green Card and Work Permit. The non-citizen can apply for a conditional green card and a work permit as soon as he marries his fiancé(e). This means that the non-citizen can stay in the United States and work while she is married to the US citizen. The conditional green card holder can then apply for a permanent (10 year) green card and remain in the United States indefinitely.

against Children can work and attend school. Children arriving on K-2 visas can remain in the United States with their non-citizen parent, obtain work permits, and attend US public schools.

d. Citizenship. Often, the non-citizen and her children can eventually become US citizens.