Fiancée of a U.S Citizens
The K1 Visa allows a U.S. Citizen to sponsor his or her fiancée living abroad to come to the United States to get married within 90 days of entering the country.
A K-1 Visa application is made on Form I-129F, and must include proof that the relationship has been in existence for at least 2 years prior to the filing of the Visa petition, and that the U.S. citizen and his or her fiancée have met in person at least once.
After the K-1 Visa is granted, the fiancée abroad is allowed to enter the U.S. for the purpose of getting married. The marriage must be celebrated within 90 days of entering the United States.
After the marriage, it is necessary to apply for a Green Card by a process called Adjustment of Status.
An application for a fiancée Visa is not necessary when the fiancée is already in the United States. In this case, an Immigration Lawyer can be of assistance in filing the application for Adjustment of Status along with all the necessary documents.
Adjustment of Status to Lawful Permanent Resident is available to any spouse of a U.S. citizen that entered into the United States legally, meaning after being inspected by an immigration officer.
However, a K-1 Visa holder can only apply for a Green Card through his or her original fiancée Visa petitioner. This means that the only option for a K-1 Visa holder is to marry his or her fiancée. If the marriage does not occur with the U.S. Citizen petitioner, leaving the U.S. is the only option for a K-1 Visa holder.
The K-1 fiancée Visa process can be complicated and lengthy. Hiring a New York Immigration Lawyer will minimize unnecessary delays and the risks of a Visa denial.