Rocki Maimone and Filomena Maimone
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Rocki Maimone and Filomena Maimone

Intro to the K-1 Visa

On Behalf of | Nov 28, 2023 | Firm News

What is a K-1 Visa?

A K-1 is a nonimmigrant visa used for a U.S. citizens foreign-citizen Fiancé. This visa allows the foreign-citizen fiancé to travel to the United States in order to marry their U.S. citizen sponsor. The visa allows for 90 days of stay within the United States giving the Foreign-citizen 90 days to marry their U.S. citizen sponsor. Once the foreign-citizen is in the states and married they will then apply for a change of status with the Department of Homeland security and U.S. Citizenship and Immigration Services (USCIS). This change of status will be an application to change to a permanent resident. In order for this change in status to take place the Fiancé must meet the of requirements for an immigrant visa. If the K-1 applicant has eligible children they may be able to get K-2 visas which allow them to travel with the K-1 applicant as a dependent.

What is a Fiancé?

In order to register your foreign counterpart as a fiancé you must file a petition for an Alien Fiancé, which is called Form I-129F, and has also been issued a nonimmigrant K-1 visa. In order for the petition to be approved both the U.S. citizen and K-1 applicant must be legally free to marry at the time the petition was filed and must remain so afterwards. The marriage must also be legal according to the U.S. laws of the state in which that marriage will take place. Usually the U.S. citizen and the K-1 applicant must have met in person within the past 2 years. Sometimes an exception may be granted on this requirement if there are additional hardships to take into account, such as cultural barriers that forbid meeting before marriage.

Requirements:

There are requirements that must be fulfilled in order for this route to be viable. This type of visa requires an interview at which you must have the following documentation:

  • Completed nonimmigrant visa application
  • A valid passport
  • Birth certificate
  • Divorce or death certificate of any previous spouses for both you and the U.S. citizen sponsor
  • Police certificates from country of origin
  • Medical examination
  • Evidence of financial support
  • Two 2×2 photographs
  • Evidence of relationship
  • Payment of fees