Fiancé(e)s of U.S. Citizen
Fiancé (K-1 nonimmigrant) Visa is for a foreign national who wants to enter the U.S. to get married to a U.S. Citizen. To obtain the K-1 fiancé(e) visa, the U.S. citizen, and the fiancé(e) must intend to marry each other with 90 days of fiancé(e) entering the U.S. as a K-1 nonimmigrant. Once the U.S. citizen petitioner and the K-1 fiancé(e) marries each other within 90 days of being admitted to the U.S., the fiancé(e) is eligible to file for lawful permanent resident status (a.k.a. Green Card).
Procedure & Requirement
- The petitioner must be a U.S Citizen & both the petitioner and the beneficiary must intend to marry one another within 90 days of fiancé(e)’s admission to the U.S. on a K-1 nonimmigrant visa.
- The petitioner and the fiancé(e) must have met each other, in person, at least once within the 2-year period before the K-1 petition is filed.
- Unmarried children (under 21 years of age) of K-1 fiancé(e) Visa holder can accompany their parent on a K-2 visa.
Related Issues
- If the beneficiary is already residing in the U.S., then she or he is not eligible for a fiancé(e) visa.
- Similarly, those who plan to marry outside the U.S. or are already married are not eligible for fiancé(e) visa.
- Both K-1 & K-2 automatically expire after 90 days and cannot be extended.
- Request for a waiver for in-person meeting requirement is available under certain conditions.
- K-2 beneficiary can accompany their parent or alternatively join them within 12 months from the date of visa being issued.
- Marriage between the fiancé(e) and the U.S. citizen petitioner must take place before the K-2 child reaches the age of 21 years.
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