Get to know more about US fiancé visa.

k1-visa

 

To bring a foreign national fiancé (e) living abroad to the United States to marry US citizen should file Petition for alien fiancé (e), Form I-129F. Once approved the fiancé (e) can enter US with the K-1 visa. If fiancé (e) is already in US or US citizen plans to marry foreigner outside US this form need not be filed.

Eligibility to petition
All of the following conditions should be met before US citizen petitions for fiancé (e) visa, K-1:

  • Petitioner) must be a U.S. citizen.
  • Within 90 days of your fiancé (e) entering the US you intend to marry.
  • Any previous marriages must have been legally terminated by divorce, death, or annulment and you and your fiancé (e) must both be free to marry.
  • Within 2 years of filing your petition you met each other, in person, at least once. There are two exceptions that require a waiver:
    1. If the requirement to meet would violate strict and long-established customs of your or your fiancé (e) ’s foreign culture or social practice.
    2. If you prove that the requirement to meet would result in extreme hardship to you.


If fiancé (e) visa is issued?

In order for the marriage ceremony to take place fiancé (e) of the US citizen is given 90 days time and allowed to stay in US after the K-1 non-immigrant or fiancé (e) visa is issued. The alien spouse can then file for permanent residence status once you marry. While USCIS processes the application he/she can remain in the United States.

If fiancé (e) visa is not issued?

If Department of State (DOS) denies issue of K-1 visa after examining the Form I-129F petition and returns the expired petition in accordance with 8 CFR214.2(k)(5) to USCIS, the petition  remains expired and will not be reaffirmed or reopened by USCIS. In normal course the petition would thus expire. But if this is the case the US citizen can repetition. Denial letter will mention how and when you can appeal.  Within 33 days of receiving the denial by mail generally you may appeal. On USCIS Form I-290B your appeal must be filed with the office that made the original decision. The appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC after your appeal form and a required fee are processed.
Children of Fiancé (e) s

It’s important for the US citizen to mention about fiancé (e) children in Form I-129F petition. For children under 21 years of age and unmarried the K-2 non-immigrant visa option is available.

Work authorization

Form I-765, Application for Employment Authorization can be filled by the fiancé (e) who intends to work once he/she enters US. Form has to be filed with the USCIS service center serving the area of residence in US where they stay. For only 90 days after entry any work authorization based on a non-immigrant fiancé (e) visa would be valid. But if fiancé (e) files for permanent residence fiancé (e) would be eligible to apply for an extended work authorization. For this as soon as you marry your fiancé (e) should file Form I-765 together with Form I-485.

If not married within 90 days?

After 90 days the fiancé (e) visa expires and cannot be renewed or extended. In case you do not marry your fiancé (e) should leave the United States at the end of the 90 days. It will be a violation of the US immigration law if your fiancé (e) does not depart. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

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