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K-1 visas are a nonimmigrant visa option for those engaged to be married to a U.S. citizen, but are not a citizen themselves. In order to obtain a K-1, or fiancé(e) visa, you will need to file Form I-129F, Petition for Alien Fiancé(e).
As a U.S. citizen, you can petition for your fiancé(e) (K-1 visa) and their children (K-2 visa), so you are able to get married. You may also petition for your spouse (K-3 visa) and their children (K-4 visa) to apply for legal permanent residence.
In order to be eligible for a K-1 Visa, you must meet the following requirements:
To begin the process, you must fill out Form I-129F, Petition for a Nonimmigrant Fiancé(e) Visa. Once you have paid the filing fee, you’ll have provide any required evidence or supporting documents.
After filing for a K-1 visa, be sure to receive a receipt or confirmation for your petition. In some cases, you may need to appear for an interview if it is required by the embassy or consulate. You can expect processing to take up to 30 days, and you can expect a final decision on your visa within 6-9 months.
If your nonimmigrant fiancé(e) has a child under the age of 21 and unmarried, this child may be able to come to the U.S. on a K-2 nonimmigrant visa. Children who would like to come to the U.S. on a K-2 visa should be listed on the Form I-129 petition application. Children under 21 must remain unmarried to enter the U.S. on this visa.
Children of the fiancé(e) who enter the United States on a K-2 visa and wish to apply for a green card are urged to do so at the same time or after the fiancé(e) has applied for his or her green card.
Once your visa petition has been approved, you must use it to enter the United States within 6 months of receiving the visa. After entering the U.S., you must marry your U.S. citizen fiancé(e) within 90 days.
Yes, you may apply for permanent residence, or a Green Card as K-visa holder. Your fiancé must enter the U.S. through their K-1 visa, where they will be permitted a 90-day stay during which you must marry. As soon as you’re married, your spouse can apply for permanent residence by submitting Form I-485.
At Scott D. Pollock & Associates, P.C., we provide individuals, families, and employers the legal representation they need to navigate the process of obtaining nonimmigrant visas such as the K-1 visa.View Similar Articles