B
O
C
In situations where a U.S. citizen wishes to marry or has married
an individual the K1 visa, K3 visa or adjusting status to lawful
permanent residence (green card) are typically the most
expeditious visas to reunite the U.S. citizen with his fiancée or
spouse.
A fiancée of a US citizen is eligible for the K1 visa and a spouse
residing abroad is eligible for a K3 visa. A U.S. citizen may
petition for his or her spouse to obtain permanent residence if
the spouse is residing in the U.S.
The K1 visa is the most effective method for bringing an alien
fiancée to the United States. A U.S. citizen may bring their
fiancée to the United States by filing a petition with the United
States Citizenship and Immigration Services (USCIS).
The alien fiancée is allowed to stay in the United States for ninety
days. Subsequent to the ninety day period the U.S. citizen and
alien fiancée must marry and file for lawful permanent residency
(green card). Moreover, the U.S. citizen and alien fiancée must
have met within two years of filing the petition. A waiver may be
obtained to overcome the two year meeting requirement. Both
parties must be legally able to marry. Therefore, divorces must
be finalized prior to filing the K1 visa petition.
Applicants must be aware of immigrant intent, unlawful presence,
and public charge issues to ensure that they are in compliance
with immigration law. Furthermore, the USCIS will scrutinize the
relationship to ensure that it is bona fide and not entered into
solely for the purpose of gaining immigration benefits.
The fiancé of a United States citizen may enter the United States
under a K visa for the purpose of marrying the U.S. citizen within
90 days of entry into the country.
To get a K fiancé visa, you must prove:
To Apply For a K Visa
The U.S. citizen must file a fiancé petition with the U.S.
Citizenship and Immigration Services (previously INS) Service
Center where he or she lives. The petition should include:
WHAT HAPPENS AFTER THE K1 PETITION IS APPROVED?
Once USCIS approves the petition, the application is sent to the
National Visa Center to perform security checks. The National
Visa Center will forward the petition to the US embassy.
The consulate will send a letter to the alien fiancée requesting a
list of documents. The consulate will also commence security
clearance processing. After 9/11 security checks have
significantly increased the complexity of consular processing and
have increased processing times. The security clearance will
partly determine whether or not the beneficiary is inadmissible to
enter the United States.
Once all processing is completed, and the applicant has all
necessary documents, a consular officer will interview your
fiancée to determine if she is eligible for the K1 visa. The officer
will review all of the documents and question the K1 visa
applicant to determine that the relationship is bona fide, ensure
the applicant is not inadmissible and will not become a public
charge.
If the consular officer finds that your fiancée meets all of the legal
requirements she will issue a K1 visa valid for one entry for a
period of six months. Alternatively, the officer may deem that a
waiver of inadmissibility is necessary, issue a denial or request
additional documentation. U.S. embassy processing tends to be
the most intricate aspect of the fiancée visa process.
Consequently, non approvals may occur at the U.S. Embassy
even if there is an approval by the USCIS.
If the INS approves the fiancé petition, it will be sent to the
consulate in the country where you as the alien fiancé are living.
You must then apply for a K Visa according to local consul
procedures (which vary).
Generally, you’ll have to provide:
AFTER MY FIANCEE ENTERS THE UNITED STATES WHEN
MUST WE MARRY? IS MY FIANCE/FIANCEE ELIGIBLE FOR
WORK AUTHORIZATION?
The fiancée must marry the U.S. citizen within ninety (90) days of
entry and apply for adjustment of status to obtain permanent
residency (green card).
Work authorization may be granted to K1 visa holders and
typically requires an additional application after entry to the
United States.
With the adjustment of status application, the fiancée may also
apply for employment authorization and permission to travel while
the adjustment of status is pending. If an applicant enters the
United States on a K1 visa they are ineligible for an extension of
stay or change of status.
K1 VISA PREMIUM SERVICE:
USCIS PREPARATION
Our office prepares and submits all documentation for the K1
visa petition. We will provide you with a detailed packet outlining
the necessary documentation that should be submitted with the
K1 visa petition so that your application does not experience
unnecessary delays.
If, after inspecting your documentation, our office makes a
determination that your documents do not meet the USCIS
(formerly INS) specifications we will suggest appropriate
supplemental documentation. Our office corresponds and
communicates with you and your fiancée and expeditiously
returns all phone calls and e-mails. Forms will be sent via
overnight mail for your signature and our office will submit the
final forms to the USCIS.
US EMBASSY PREPARATION
Our office will also prepare all embassy forms, review all
documentation and prepare your fiancée(e)e for the interview.
We will contact and communicate with the United States Embassy
on your behalf. After approval of your K1 petition our office will
contact the U.S. Embassy to update their office of USCIS
approval. In order to expedite the process, our office completes
all US Embassy forms and informs your fiancée of the documents
necessary for filing prior to submission of packet three.
Our office corresponds and communicates with you and your
fiancée until your fiancée visa is granted. Unlike other lawyers
that only prepare the K1 visa petition; we continue to provide you
and your fiancée with legal guidance throughout the entire K1
visa process and monitor your case at the USCIS service center
and US embassy.
If we notice that your case is experiencing a delay, we will contact
the USCIS or US Embassy to resolve the issue. Additionally, we
prepare you for the USCIS interview by having you and your
fiancée undergo a simulated K1 visa USCIS interview. We also
ensure that you provide the appropriate evidence for the K1 visa
interview. The above preparation and dedication to your case
contributes to our high success rate.
After You Marry
Once you’ve married, you can apply for conditional permanent
resident status. You can then apply to have the conditional basis
of permanent residency removed sometime within the 90 days
before the second anniversary of getting permission to enter the
United States.
There is no extension of stay on a K Visa, so if your marriage
does not take place within 90 days of your entry into the United
States, you must leave the country.
an individual the K1 visa, K3 visa or adjusting status to lawful
permanent residence (green card) are typically the most
expeditious visas to reunite the U.S. citizen with his fiancée or
spouse.
A fiancée of a US citizen is eligible for the K1 visa and a spouse
residing abroad is eligible for a K3 visa. A U.S. citizen may
petition for his or her spouse to obtain permanent residence if
the spouse is residing in the U.S.
The K1 visa is the most effective method for bringing an alien
fiancée to the United States. A U.S. citizen may bring their
fiancée to the United States by filing a petition with the United
States Citizenship and Immigration Services (USCIS).
The alien fiancée is allowed to stay in the United States for ninety
days. Subsequent to the ninety day period the U.S. citizen and
alien fiancée must marry and file for lawful permanent residency
(green card). Moreover, the U.S. citizen and alien fiancée must
have met within two years of filing the petition. A waiver may be
obtained to overcome the two year meeting requirement. Both
parties must be legally able to marry. Therefore, divorces must
be finalized prior to filing the K1 visa petition.
Applicants must be aware of immigrant intent, unlawful presence,
and public charge issues to ensure that they are in compliance
with immigration law. Furthermore, the USCIS will scrutinize the
relationship to ensure that it is bona fide and not entered into
solely for the purpose of gaining immigration benefits.
The fiancé of a United States citizen may enter the United States
under a K visa for the purpose of marrying the U.S. citizen within
90 days of entry into the country.
To get a K fiancé visa, you must prove:
- You have a real relationship and plan to marry within 90
days of the time you enter the United States - You and your fiancé are legally able to marry
- You and your fiancé met within the last two years
To Apply For a K Visa
The U.S. citizen must file a fiancé petition with the U.S.
Citizenship and Immigration Services (previously INS) Service
Center where he or she lives. The petition should include:
- Biographical information for both people, with photos
- The U.S. citizen’s birth certificate as proof of citizenship
- Evidence of meeting within the pat two years, such as
passport stamps showing both people were in the same
location at the same time, and joint photos - Evidence of the termination of any prior marriages of either
person
WHAT HAPPENS AFTER THE K1 PETITION IS APPROVED?
Once USCIS approves the petition, the application is sent to the
National Visa Center to perform security checks. The National
Visa Center will forward the petition to the US embassy.
The consulate will send a letter to the alien fiancée requesting a
list of documents. The consulate will also commence security
clearance processing. After 9/11 security checks have
significantly increased the complexity of consular processing and
have increased processing times. The security clearance will
partly determine whether or not the beneficiary is inadmissible to
enter the United States.
Once all processing is completed, and the applicant has all
necessary documents, a consular officer will interview your
fiancée to determine if she is eligible for the K1 visa. The officer
will review all of the documents and question the K1 visa
applicant to determine that the relationship is bona fide, ensure
the applicant is not inadmissible and will not become a public
charge.
If the consular officer finds that your fiancée meets all of the legal
requirements she will issue a K1 visa valid for one entry for a
period of six months. Alternatively, the officer may deem that a
waiver of inadmissibility is necessary, issue a denial or request
additional documentation. U.S. embassy processing tends to be
the most intricate aspect of the fiancée visa process.
Consequently, non approvals may occur at the U.S. Embassy
even if there is an approval by the USCIS.
If the INS approves the fiancé petition, it will be sent to the
consulate in the country where you as the alien fiancé are living.
You must then apply for a K Visa according to local consul
procedures (which vary).
Generally, you’ll have to provide:
- A valid passport
- A birth certificate
- Biographical information
- Medical exam records
- An “Evidence of Support” to show you won’t become a
“public charge” once you’re in the United States - Police certificates
- Your minor children can come with you, with K2 visas.
- You’ll be able to work in the United States after you’ve
received an employment authorization document from the
INS.
AFTER MY FIANCEE ENTERS THE UNITED STATES WHEN
MUST WE MARRY? IS MY FIANCE/FIANCEE ELIGIBLE FOR
WORK AUTHORIZATION?
The fiancée must marry the U.S. citizen within ninety (90) days of
entry and apply for adjustment of status to obtain permanent
residency (green card).
Work authorization may be granted to K1 visa holders and
typically requires an additional application after entry to the
United States.
With the adjustment of status application, the fiancée may also
apply for employment authorization and permission to travel while
the adjustment of status is pending. If an applicant enters the
United States on a K1 visa they are ineligible for an extension of
stay or change of status.
K1 VISA PREMIUM SERVICE:
USCIS PREPARATION
Our office prepares and submits all documentation for the K1
visa petition. We will provide you with a detailed packet outlining
the necessary documentation that should be submitted with the
K1 visa petition so that your application does not experience
unnecessary delays.
If, after inspecting your documentation, our office makes a
determination that your documents do not meet the USCIS
(formerly INS) specifications we will suggest appropriate
supplemental documentation. Our office corresponds and
communicates with you and your fiancée and expeditiously
returns all phone calls and e-mails. Forms will be sent via
overnight mail for your signature and our office will submit the
final forms to the USCIS.
US EMBASSY PREPARATION
Our office will also prepare all embassy forms, review all
documentation and prepare your fiancée(e)e for the interview.
We will contact and communicate with the United States Embassy
on your behalf. After approval of your K1 petition our office will
contact the U.S. Embassy to update their office of USCIS
approval. In order to expedite the process, our office completes
all US Embassy forms and informs your fiancée of the documents
necessary for filing prior to submission of packet three.
Our office corresponds and communicates with you and your
fiancée until your fiancée visa is granted. Unlike other lawyers
that only prepare the K1 visa petition; we continue to provide you
and your fiancée with legal guidance throughout the entire K1
visa process and monitor your case at the USCIS service center
and US embassy.
If we notice that your case is experiencing a delay, we will contact
the USCIS or US Embassy to resolve the issue. Additionally, we
prepare you for the USCIS interview by having you and your
fiancée undergo a simulated K1 visa USCIS interview. We also
ensure that you provide the appropriate evidence for the K1 visa
interview. The above preparation and dedication to your case
contributes to our high success rate.
After You Marry
Once you’ve married, you can apply for conditional permanent
resident status. You can then apply to have the conditional basis
of permanent residency removed sometime within the 90 days
before the second anniversary of getting permission to enter the
United States.
There is no extension of stay on a K Visa, so if your marriage
does not take place within 90 days of your entry into the United
States, you must leave the country.
BOGLE
OKOYE
CHANG
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BOGLE & CHANG, LLC
Copyright © 2010 Bogle & Chang, LLC. All Rights Reserved.
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K1 Fiancee/Fiance Visas
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