Fiance Visa K1.
The immigration law defines a fiancé as a person who is engaged of
otherwise contracted to get married. The future marriage must be legally
possible according to laws of the state in which the marriage will
take place, and in general, both parties must have met in person in
the past two years. here are certain exceptions granted by USCIS to the requirement of
meeting in person when fiancés can demonstrate that meeting in person
is against their traditions. In some cases, The USCIS considers
fiancés two married people if they did not meet in person (and did
not consummated the marriage) even if the marriage formally took place.
Fiance visa K1 petition.
U. S. citizens who would like to bring their
fiancés to America to
marry have to file a Petition for Alien Fiance starting the K1 visa
process with the USCIS office that serves the area where they live.
Approved petitions are send to
National Visa
Center for processing before it is send to a U.S. embassy where
a person (fiance) can apply for a K1 visa. The petition is only valid
for four months the after USCIS' approval.
A K1 visa applicant is also an immigrant.
Because a fiancé visa permits the holder to immigrate to the U.S.
and marry an American citizen, shortly after arrival in the United
States, the fiancé must meet some of the requirements for an immigrant
visa.
Applying for a
K1 visa.
When applying at American embassy the following will be required:
-
A passport valid for travel to the United States
and with a validity date at least six months beyond the applicant's
intended arrival date.
-
Applicant's birth certificate
-
Divorce papers or death certificate of any previous
husband or wife for both, the applicant, and the petitioner
-
Police certificate from all places where the
person lived since age of 16
-
-
Evidence of financial support (Form I-134, Affidavit
of Support may be requested.)
-
-
One Nonimmigrant Fiance Visa K 1 Application,
Form DS-156K
-
Two nonimmigrant visa photos (each two inches
50 X 50 mm square, showing full face, against a light background)
-
Evidence of a fiancé relationship
-
Payment of fees, as explained below.
-
The consular officer may ask for additional
information according to the circumstances of the case. Documents
in foreign languages should be translated.
Take clear, legible photocopies of civil documents, such as birth
and marriage certificates, to the interview. Original documents can
then be returned to you.
After Getting the
Fiance visa K1.
After the K1 visa is approved the fiancé can travel the the U.S.
to get married; marriage must take place within 90 days of the applicant's
arrival into United States.
After the marriage takes place U.S. citizen must file Form I-485
Application to Register Permanent Residence or to Adjust Status with
the USCIS in order for the spouse to become permanent resident Form
I-765 Application for Employment Authorization can also be filed if
the spouse whishes to work.
Status of a K 1 visa holder's children.
The child of a fiancé may receive a K2 visa from his/her parent’s
fiancé petition. The American citizen petitioner, must make sure that
you name the child in the I-129F petition. After the marriage of the
child’s parent and the American citizen, the child will need
a separate form I-485 Application to Register Permanent Residence
or to Adjust Status. The child
may travel with (accompany) the K-1 parent/fiancé or travel later,
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 within one year from the date of issuance
of the K1 visa. If it is longer than one year from the date of visa
issuance, a separate immigrant visa petition is required.
For more information about the
K-1
Fiance Visa, visit
U.S.
Immigration Support.
