K-1 Fiancé(e) Visa Service
The K-1 visa category is available to sponsoring U.S. citizen who are engaged to and plan to marry an individual who currently resides outside the U.S.
General requirements for K-1 Fiancé(e) Visa:
Requirement 1. The sponsoring petitioner is a U.S. citizen.
Requirement 2. Both individuals intend to marry within 90 days of the fiancé(e) arrival to the U.S.
Requirement 3. The couple can demonstrate an appropriate legal capacity to marry (i.e., proper age, former marriages dissolved by annulment or divorce);
Requirement 4. The couple has previously met at least on one occasion within the 2 years of filing of the petition. (with some limited exceptions to those demonstrating violation of strict and long-established customs or to those demonstrating extreme hardship).
The K-1 visa process
The process is initiated by the U.S. citizen fiancé(e) by filing a fiancé(e) visa petition with the United States Citizenship and Immigration Services (USCIS). After approval of the fiancé(e) visa petition, the case is forwarded to the National Visa Center. The National Visa Center forwards the case to the the consular section at the embassy or consulate where the fiancé(e) of a United States citizen will apply for a K-1 visa. The consular section at the embassy or consulate then sends a visa packet to the foreign national fiancé(e) in their home country. The visa packet provides for requirements, including a criminal background check and medical examination, which must be satisfied by the foreign national fiancé(e) before an interview can be scheduled at the U.S consulate or embassy. Upon successful completion of the interview the consular officer will issue the K-1 visa to the foreign national fiancé(e).
Wait times at each stage of this process vary greatly, and require careful planning. The approved K-1 visa petition is valid for four months from the date of approval by USCIS. The applicant must request that the U.S. consulate or embassy extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed.
Permanent residence. After issuance of the K-1 visa, the fiancé(e) enters the United States through a U.S immigration port-of-entry. As requirement by this visa category the couple must marry within 90 days of the fiancé(e)’s entry into the United States. After marriage, the K-1 visa holder spouse must file for permanent residence in the United States through an adjustment of status application to USCIS.
K-2, K-3 and K-4 visa categories
K-2 Visas. A K-2 visa may be granted to the unmarried child of a foreign national fiancé(e) under the age of 21, the child will adjust status to permanent residence once int he U.S.
K-3 and K-4 Visas
K-3 visa category is reserved for foreign nationals who are married to U.S. citizens (as opposed to being engage to a U.S. citizen under the K-1 category). K-4 status is reserved for foreign national spouse’s children under the age of 21. Both spouse and child may enter the United States on nonimmigrant K-3 and K-4 visas and adjust their status to permanent residence after entry.
If you are contemplating sponsoring your fiancé(e) to come to the U.S., or if you are already married to a foreign national, please contact us so that we can discuss your particular situation in detail. Request a consultation with an immigration attorney by clicking here.
