| K-1
Fiance(e) Visa
Qualifications:
K-1 visa is issued to a
fiancé(e) of a United States citizen who is entering the United
States to marry to his/her fiancé(e). A dependent child of
a K-1 visa holder is considered a K-2 nonimmigrant 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 traditionally arranged
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 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 USCIS.
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