K-1Fiancee Visa

Description

The K-1 visa permits persons who are marry a United States citizen to enter the country in order
to complete the marriage. The visa is unique in that it allows the holder to enter the country on a
non-immigrant visa while clearly having an immigrant intent. The purpose of the visa is to allow
the fiancée/ fiancé to come to the United States and spend up to 90 days in the country to allow
both parties to consider finalizing the marriage plans. In a world where increasing numbers of
peopleare brought together through the Internet, the K-1 Fiancee visa will play an increasingly importantrole in facilitating bi-cultural marriages.

ADVANTAGES

The K-1 addresses a fundamental need for many bi-cultural couples: The ability to spend time
together in the United States in order to test the strength of the relationship and to allow the foreign national to gain perspective on the American lifestyle.

Processing Time

The K-1 can be processed in 6 to 9 months, a relatively short time considering the process
 includes both a stateside petition and a consular application and interview. This processing
time can vary depending on personnel shortages in the Service and security clearance procedures at the foreign consulate.

Immigrant Intent Not a Barr

For most non-immigrant visas, the applicant has the burden of proving the intent to return to
the home country. In many consulates, this requirement is strictly construed, resulting in the issuance of vary few visa less restricted.

Look-See

Most marriage experts maintain the importance of getting to know your spouse before marriage.
The decision to get married is an important one that carries many consequences and potential
Advantages. Long-distance relationships do not allow the couple to gain the same insigh tas
living together and spending time in the same country. The K-1 allows couples to experience a
“look-see” at what their marriage together here in the United States might be like. It provides
the opportunity to experience the contrasts in heritage, culture, language, religion, and political
perspective. The magnitude of the time spent together will allow the couple to see each otherin a more realistic light, resulting in a better decision to marry.

Pre-clearance

The United States citizen has the benefit of the consulate conducting a pre-clearance for HIV
And tuberculosis, as well as criminal activity. The foreign applicant will also be advised if the
United States sponsor has been convicted of domestic violence, three or more convictions For controlled substance or alcohol, or a serious crime.

Includes Children

The K-1 visa provides for issuance of a K-2 visa for the unmarried children(under the age of 21) Of the K-1 visa holder.

Employment Authorization

The K-1 visa holder is allowed to apply for employment authorization once the marriage iscompleted and the application for adjustment of status is filed.

Allows for Adjustment of Status

The K-1 allows the sponsored foreign national, once married to the petitioner, to adjust
Status in the United States, rather than requiring a return trip abroad to undergo consularprocessing.

Judicial Review

The K-1, once married, can seek judicial review of any decision denying benefit under the
application for adjustment of status. This avoids the consular process where the Decision of the consular officers is final, and not subject to judicial review.

REQUIREMENTS

Citizenship

The sponsor must be a United States citizen.

Capacity

The sponsor must be of legal age, and have legal capacity to marry. The beneficiary must also be of legal age, single and have legal capacity to marry.

Physical Meeting

The sponsor and the beneficiary must have met in person within the 24 months immediately
Proceeding the filing of petition unless the meeting would result in extreme hardship to the Citizen sponsor.

Intention to Marry

The sponsor and the beneficiary must intend to marry within 90 days of entry to the United States.

LIMITATIONS  

Marry or Return

The foreign national has 90 days in which to get married or return to the home country.

No Adjustment of Status or Change of Status

The K-1 visa holder may not seek adjustment of status by marriage to a different person from
The petitioner, nor may the K-1 visa holder seek a change of status from K-1 to another non-Immigrant visa category.

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