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complex visas
green card USA

K1 visa: Fiancé(e) of a U.S. citizen.

 
Immigration Attorney

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Many questions arise about how a future or potential spouse can come to the USA without an immigrant visa, yet with the desire to start a family. In this case, according to U.S. immigration law, the K-1 visa is provided, which is interpreted as a fiancé(e) visa.

How to Obtain a K-1 Visa

The K-1 fiancé(e) visa is issued provided all necessary requirements of the U.S. Immigration and Nationality Act are met. The rules for issuing a K-1 visa are that the potential fiancé(e) travels with the sole intention of marrying a U.S. citizen on American soil, with no other intention. If the potential spouses have met at least once in the last two years and are in constant contact (correspondence), then the potential spouse may file a petition for the visa. As a general rule, minor children under the age of 21 of the K-1 visa recipient may obtain a K-2 visa.

The couple must confirm their intention to marry to the state. At the interview with the consular officer, the potential fiancé(e) must prove not only the meeting within the last two years but also close communication. This can include contacts on social networks (messenger, Facebook), which are actively involved in the immigration process, packages, real letters, photographs, gifts, joint trips, money transfers from America, and much more. The evidentiary base should be prepared thoroughly so that the officer is convinced that the future couple has invested their soul into it and that their relationship is genuine.

The issued visa is valid for 90 days with the condition of marriage on American soil within this period. If the couple marries during this period and submits documents for a Green Card, it can be obtained by mail without an interview, as the fiancé(e) successfully passed it at the consulate and complied with all legal actions.

The marriage can be registered in any state where you are registered. The rule is – not the place of residence, but the place of marriage registration.

Stages of Obtaining a K-1 Visa

  1. Filing of Form I-129F petition by a U.S. citizen with the United States Citizenship and Immigration Services (USCIS).
  2. The approved petition is sent for processing to the National Visa Center (NVC), and then to the consulate of the country where the potential fiancé(e) resides.
  3. The fiancé(e) needs to fill out the DS-160 form and prepare the necessary document package.
  4. Attend an interview at the embassy to obtain the K-1 visa.

The process of obtaining a K-1 visa takes approximately six months.

Assistance from an Immigration Specialist

Various important and complex turns in the immigration field may arise when obtaining a K-1 visa. To protect your status and prevent undesirable consequences that may harm and spoil future relationships, it is wise to consult an immigration specialist. At the same time, a properly prepared case is the key to obtaining the visa and a successful relocation.

Finding it Difficult?

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