K1 Fiancée Visa - Nonimmigrant Visa for Fiancée

Posted: Feb 13, 2009 | Comments: 1 | Views: 136 | Bookmark and Share

The K1 fiancée visa is a nonimmigrant visa for a fiancé (e) of a foreign nationality to come to the United States and marry his/her American fiancé (e) and reside in the States permanently.

For a K1 nonimmigrant petition to be approved, the marriage must be legally acceptable in the particular US state where it is supposed to be held. The USCIS (U.S. Citizenship and Immigration Services) also requires the couple to have met in person sometime in the past two years. However, the second requirement has an exception since some cultures do not encourage couples meeting before they are married. Though the K1 fiancée visa is a nonimmigrant visa, it allows the foreign fiancée to immigrate to the US and marry an American citizen within 90 days. The fiancée is therefore required to meet some of the immigrant visa requirements.

Following the marriage in the US, the foreign spouse must immediately file Form I-485 Application to Register Permanent Residence or Adjust Status with the USCIS. The American partner needs to fill out Form I-864 or the Affidavit of Support for his/her foreign spouse’s lawful permanent resident status (LPR) application. The foreign spouse can also file Form I-765 Application for Employment Authorization with USCIS in order to receive a work permit to be able to work in the United States.

The child of the foreign fiancé (e) can receive a derivative K-2 visa through the parent’s K1 fiancée visa petition. The American partner should mention the children in the K1 fiancée petition initially filed with the USCIS. Following the marriage of the foreign fiancée and the American citizen, the child requires a separate form I-485 Application to Register Permanent Residence or to Adjust Status.

Being a nonimmigrant visa, the K1 fiancée visa takes lesser time to process. The exact period one has to wait for receiving the visa cannot be ascertained as the time for processing depends on each application and the specific circumstances.

(ArticlesBase SC #768344)

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    1. Helen January 01, 2010
    My fiance has initially been denied and has to go for a second interview. The consulate's main concern was that I am an older woman and he is much younger (never seems to be an issue for older men). We have fulfilled all the requirement and have put time, effort, and money into developing this relationship. I am just average middle class with an hourly job. I have worked 12 hours a day 7 days a week for the last 8 months to make this happen and the thought of starting all over again is overwhelming. Has this happened to anyone else? Anyone got any incites on this?
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