K-1
Finace(e) Visa
Qualifications:
A
K-1 visa is available to the fiance(e) of a United States citizen who is
entering the United States to marry;(e). Dependent children of a
K-1 visa holder are considered K-2
nonimmigrants when accompanying the K-1 visa holder into the U.S.
Requirements:
1.The
couple must have met in person within two years before filing the application
for the K-1 visa, but this requirement may be waived if evidence of either
of the following is submitted:
-
Compliance
would result in extreme hardship to the U.S. citizen petitioner; or
-
Compliance
would violate strict and long-established customs of the K-1 visa holder’s
foreign culture or practice. For example,compliance would violate the custom
of marriage traditionallyarranged by the parents, and the prospective bride
and groom are prohibited from meeting prior to the wedding day;
2.The
couple must have a bona fide intention to marry; and,
3.The
couple must be legally able and willing to conclude a valid marriage in
the United States within ninety days after the K-1 visa holder’s arrival.
Duration
of the Visa:
The
K-1 visa is valid for ninety days from entry, and permits employment. The
K-1 visa holder must marry the U.S. citizen within ninety days of entry
into the U.S. If the K-1 visa holder and U.S. citizen do not marry within
ninety days, the K-1 visa holder must depart the United States. After the
K-1 visa holder and U.S. citizen marry, an application for legal permanent
residence for the K-1 visa holder and any K-2 dependent children must be
made with the INS.