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K Visa

K-1 Visa

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$500
Filing Fee $455
Case Evaluation $0

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K-1 Visa

The K-1 nonimmigrant visa allows the Fiancée of a U.S. citizen to enter the United States for a 90-day period to marry and apply for conditional permanent resident status (green card).

K-1 Basic Requirements

To qualify for a K-1 visa, the parties must present proof that they:

  1. Have previously met in person within two years of filing the petition, unless this requirement is waived by the USCIS for the reasons such as extreme hardship, culture, religious or societal restrictions;
  2. Have a bona fide intention to marry; and
  3. Are legally able and actually willing to marry in the United States within 90 days after the Fiancée arrives. If either party has been married before, they must show that the prior marriage(s) has been properly terminated.

K-1 Adjustment of Status

Upon marriage to the petitioner within 90 days of arrival, the K-1 Fiancée should apply for adjustment of status to become a conditional permanent resident.

The only ground on which the Fiancée may adjust status is marriage to the petitioner. Without the marriage, the Fiancée K cannot obtain an extension of stay or apply for a change of status. If the marriage does not occur within 90 days, the Fiancée is supposed to leave the United States. Otherwise he or she becomes subject to removal.

K-1 Application Procedures

A K-1 visa petition has two steps. Step One: the USCIS must approve the visa petition. Step Two:  the State Department must issue the visa.

  • Step One - Petition and Approval by USCIS

File the K-1 visa petition (Form 1-129F) with the USCIS service center having jurisdiction over the U.S. citizen petitioner. In general, a K-1 petition should include the following documentation:

  1. USCIS Form I-129F - include any unmarried children under 21 who are traveling with the Fiancée or following to join him or her in the United States;
  2. USCIS Form G-325A for both petitioner and beneficiary;
  3. Color photographs of both parties;
  4. Other evidence, such as affidavits from the parties or friends attesting to the relationship; proof of meeting each other; correspondence between the parties; documentation of wedding plans, etc.;
  5. Evidence of the petitioner's U.S. citizenship;
  6. Proof of the termination of any previous marriage of either party;
  7. If applicable, proof of permission to marry.

If the USCIS approves the petition, it will forward it to the appropriate consular post. The approval is valid for four months, and it can be extended by a consular officer. If the USCIS denies the petition, you can appeal to the USCIS's Administrative Appeals Unit.

Once the State Department consular post receives an approved K-1 petition from the USCIS, it will send a letter to the beneficiary outlining the steps for visa issuance.

  • Step Two - Visa Issuance by Consulate

The beneficiary must present a set of documentation at the consular post, which generally  includes the following:

  1. State Department Form DS-156K
  2. State Department Form DS-156 in duplicate
  3. Valid passport
  4. Birth certificate
  5. Evidence of termination of any prior marriages
  6. Police certificates
  7. Two photographs
  8. Proof of the engagement
  9. Evidence of medical clearance
  10. Evidence of available adequate financial support

K-2 Dependents

The minor children of a K-1 principal beneficiary who are listed on the petition may receive K-2 status if accompanying or following to join the beneficiary. No separate petition is required.

K-3 Spouses and K-4 Children

The K-3 visa is intended for those aliens who married U.S. citizens abroad and were awaiting approval of an immigrant petition and an immigrant visa. The K-4 visa is for the children of K-3 Spouse.

To qualify for K-3 status, the visa applicant must:

  1. Have married a U.S. citizen;
  2. Be the beneficiary of a relative petition (Form I-130) filed by the U.S. citizen spouse;
  3. Seek to enter the United States to await approval of the petition and subsequent lawful permanent resident status; and
  4. Have an approved Form I-129F, "Petition for Alien Fiancée," forwarded to the U.S. consulate where the alien wishes to apply for the K-3 visa.

To qualify for K-4 visa, the children of the K-3 spouse must be  under 21 years of age and unmarried.

 

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