A K-1 fiancé visa is a type of nonimmigrant visa that allows a foreign national to enter the United States in order to marry their U.S. citizen fiancé. The K-1 fiancé visa is intended for individuals who are engaged to be married and plan to marry within 90 days of entering the United States.
To be eligible for a K-1 fiancé visa, the U.S. citizen sponsor and the foreign national fiancé must have met in person within the past two years. Exceptions to this requirement may be made in certain cases, such as if the requirement would violate strict and long-established customs of the foreign national’s culture or if the requirement would result in extreme hardship for the U.S. citizen sponsor.
The K-1 visa process begins when the U.S. citizen sponsor files a petition on behalf of their fiancé with U.S. Citizenship and Immigration Services (USCIS). The petition must include evidence of the couple’s relationship, such as proof of their engagement and communication, as well as evidence that the U.S. citizen sponsor is able to financially support the foreign national.
The petition must be filed on Form I-129F, Petition for Alien Fiancé. The form can be found on the USCIS website and must be completed and submitted online or by mail. The petition must be accompanied by the appropriate filing fee, which at the time of writing is $535.
The foreign national will need to provide certain documents as part of the visa application process, such as a passport, birth certificate, and police clearance certificate. They will also need to undergo a medical examination and a background check.
During the interview, the consular officer will review the foreign national’s application and supporting documents and will ask questions to determine their eligibility for a K-1 visa.
Once the petition is approved by USCIS, it is forwarded to the National Visa Center for further processing. The foreign national fiancé must then complete the visa application process, which includes an interview at a U.S. embassy or consulate abroad.
If the K-1 visa is approved, the foreign national fiancé can enter the United States and has 90 days to marry their U.S. citizen sponsor. After the marriage, the foreign national can apply for a green card to become a permanent resident of the United States.
It is important to note that the K-1 visa is a nonimmigrant visa, which means that it is temporary and does not lead directly to permanent residency or citizenship. The foreign national must marry their U.S. citizen sponsor and apply for a green card in order to remain in the United States on a permanent basis.
If a foreign national on a K-1 fiancé visa does not marry their U.S. citizen sponsor within 90 days of entering the United States, their visa will expire, and they will be required to leave the country.
If the couple decides not to marry, the U.S. citizen sponsor can withdraw their petition for the foreign national by submitting a written request to U.S. Citizenship and Immigration Services (USCIS). However, the foreign national will still be required to leave the United States once their K-1 visa expires.
If the couple is unable to marry within the 90-day period due to extenuating circumstances, such as a delay in obtaining a marriage license or a medical emergency, they may be able to request an extension of the K-1 visa. To do so, the U.S. citizen sponsor must file a request with USCIS before the visa expires. The request must include evidence of the extenuating circumstances and a statement explaining why the couple was unable to marry within the original 90-day period.
If the extension request is approved, the foreign national will be allowed to remain in the United States for an additional period of time, typically no more than six months. During this time, they must marry their U.S. citizen sponsor and apply for a green card to become a permanent resident of the United States. If the couple does not marry within the extended period, the foreign national will be required to leave the country.
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