K-1 Visas or Fiancée Visas
“The Right Immigration Attorney Makes All The Difference”
May Law Group, LLC, has filed hundreds of fiancé(e) visas with a 100% approval rate.* May Law Group has experience in dealing with the consular procedures at numerous United States embassies and consulates throughout the world.
A United States citizen may petition for a fiancé(e) to enter the United States as a K-1 visa holder. A fiancé(e) is a person who is engaged to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place.
In most cases, the couple must have met in person in the past two years. The Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) permits some exceptions to this requirement. An example of this would occur when it is contrary in some cultures for a man and woman to meet before marriage.
If a United States citizen wants his or her foreign fiancé(e) to travel to the United States to marry and live in the United States, he or she must file a fiancé(e) visa petition in the United States. A fiancé(e) visa petition cannot be filed at an embassy, consulate or U.S. Immigration office abroad.
After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where the fiancé(e) will apply for a K-1 nonimmigrant visa for a fiancé(e).
A law passed in 2005, the International Marriage Broker Regulation Act (IMBRA), places restrictions on the ability of United States citizens who have previously filed for other fiancé(e)s or have certain criminal convictions to have their K-1 visa petitions approved. Waivers are available under certain circumstances.
The approved K-1 visa petition is valid for four months from the date of approval by USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed.
Since a fiancé(e) visa permits the fiancé(e) to immigrate to the U.S. and marry a United States citizen within 90 days after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa.
The consular section at the embassy or consulate where the fiancé(e) of a United States citizen will apply for a K-1 visa, sends a packet detailing any additional specific requirements which must be fulfilled to complete the K-1 visa application, such as where the fiancé(e) must go for the required medical examination. During the interview process at the consulate, an ink-free, digital fingerprint scan is taken. The following is required:
- A passport valid for travel to the United States and with a validity date at least six months beyond the applicant’s intended period of stay in the United States (unless certain country specific agreements provide exemptions);
- A birth certificate for the fiancé(e);
- Divorce or death certificate of any previous spouse for both the applicant and the United States citizen petitioner;
- Police certificate from all places which the fiancé(e) has lived since age 16;
Medical examination and applicants for immigrant visas are required to have the following vaccinations, if appropriate, for age, medical condition, or medical history:
Tetanus and diptheria toxoids
Influenza type B
Fiancé(e)s, are not required to fulfill this requirement at the time of the medical examination for a fiancé(e) visa. However, these vaccinations are required when the K-1 visa holder applies to adjust status following his or her marriage to the petitioner in the United States.
Evidence of financial support in the form of an Affidavit of Support from the United States citizen petitioner;
Two Nonimmigrant Visa Applications;
One Nonimmigrant Fiancé(e) Visa Applications;
Two passport photographs of the fiancé(e) (each two inches 50 X 50 mm square, showing full face, against a light background);
Evidence of a fiancé(e) relationship;
Payment of required fees.
The consular officer may ask for additional information according to the circumstances of the case. All documents in foreign language should be translated into English.
Photocopies of civil documents, such as birth and marriage certificates, should be taken to the K-1 visa interview.
After getting the fiancé(e) visa, the fiancé(e) enters the United States through a U.S immigration port-of-entry. The fiancé(e) and the United States citizen petitioner must marry within 90 days of the fiancé(e)’s entry into the United States.
After marriage, the K-1 visa holder spouse must file for permanent residence in the United States. Employment authorization and advance parole (travel authorization) are filed along with the permanent residence application which is called an adjustment of status application.
The K-1 visa allows a fiancé(e) to enter the United States one time only as it is a single entry visa.
The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. The K-1 visa petition must name the child in the fiancé(e) visa petition. After the marriage of the child’s parent and the United States citizen in the United States, the child will need a separate application to adjust status. . The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.
Under United States immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18. However, a K-2 visa may be granted to the unmarried child of a fiancé(e) under the age of 21. If the K-2 enters the United States as a K-2 visa holder and files an application to adjust his or her status, the K-2 visa holder may become a lawful permanent resident of the United States if the adjustment of status is approved prior to the child’s 21st birthday.
Contact an Immigration Lawyer at May Law Group, LLC
For a free consultation to discuss your immigration needs with a dedicated immigration law firm, please contact an attorney online or call 412-291-4400 | 215-880-4977 | 347-839-1700 . We are here to serve you and clients throughout the United States, including Pittsburgh, Philadelphia, Pennsylvania, West Virginia, New York, new Jersey, Ohio, Allegheny County, and worldwide in Korea, Japan, Asia, Europe, India, Germany, France, the United Kingdom, South America, Central America, Africa, the Middle East, and Australia.
*Past results cannot guarantee future results due to variations in the fact patterns of cases.