Powell Immigration Law PC | Business, Employment and Family Immigration Law | California
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K-1 Fiancé(e) Visa

A basic overview of the visa is provided here. If you have further inquiries as to the application process or whether or not this is the correct route for your needs, please don't hesitate to contact us.

General

The K-1 fiancé(e) visa is available to foreign nationals desiring to marry an American citizen and reside permanently in the United States. Once married (which must take place within ninety days of the foreign national entering the U.S.), the beneficiary may apply for permanent residence and remain in the U.S. while the application is processed.

Requirements

The Petitioner

To petition for a K-1 fiancé(e) visa on another's behalf, an individual must demonstrate that:

  • He or she is a U.S. citizen.
  • The petitioner intends to marry the fiancé(e) within ninety days of his or her entrance to the U.S.
  • The petitioner an fiancé(e) are both free to marry and any previous marriages must have been legally terminated (divorce, death or annulment).
  • He or she has met the fiancé(e) in person at least once within two years of filing the petition. This require may be waived in two instances:
    1. Meeting in person would violate strict and long-established customs of the foreign culture or social practice.
    2. Meeting in person would result in extreme hardship to the petitioner.

The Beneficiary

A foreign national may be eligible for the K-1 fiancé(e) visa if:

  • The individual and his or her fiancé(e) are legally eligible for marriage under the laws of both the U.S. and the foreign country.
  • The foreign national will marry the petitioning U.S. citizen within ninety days of entering the U.S.
  • The foreign national intends to enter the U.S. solely in order to marry the U.S. citizen, not simply to obtain immigration benefits.
  • The individual has met the U.S. citizen in person within two years prior to filing for the K-1 fiancé(e) visa. If meeting the fiancé(e) in person would violate longstanding customs or create significant hardship for the U.S. citizen, this requirement may be waived.
 

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