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K-1 Fiancé(e)

The fiancé(e) visa is for couples, who intend to get married in the U.S., and one member of the couple is a citizen of the U.S., and the other member of the couple is a citizen of a foreign country. The K-1 visa is a 90 day long nonimmigrant visa which allows an immigrant to legally enter into U.S. to be married and to prepare a green card application. After being admitted to the United States as a K-1 nonimmigrant and marrying the U.S. citizen petitioner within 90 days, the foreign national spouse can then apply for lawful permanent resident status in the United States. Fiancé(e) visas cannot be extended.

K-1 Eligibility

  1. The petitioner is a U.S citizen.

  2. Both members of the couple are legally free to marry and remain unmarried until the arrival of the alien fiancé(e) in the U.S.

  3. The immigrant must have a genuine intention of marrying the U.S. citizen petitioner after arriving in the U.S. within 90 days.

  4. The two of members of the intended couple must have met and seen each other in person within the past two years.

Frequently Asked Questions

Can I work or study on a K-1 or K-2 Visa?

Yes, a K-1 visa holder can work in the U.S. but must file first file an Application for Employment Authorization (I-765) with the appropriate USCIS office first. It is important to note that work authorization issued with a K-1 visa would only be valid for 90 days; however, an application for extended work authorization (I-765) can be filed along with an application for permanent residence (I-485). A K-1 visa holder is also permitted to attend school. The K-2 visa is a derivative of the K-1 visa; therefore, the K-2 visa holder has the same eligibility to work, and attend school that the K-1 visa holder has.

What are the advantage and disadvantage of a K-1 visa?

The advantage is that the application process is fairly simple and the approval rate is high, provided the relationship between the foreign fiancé(e) is genuine, the intent to marry still exists, and there is no attempt to commit visa fraud. The limitation is that K-1 expires 90 days after the fiancé(e) enters the U.S.. Within that period, the fiancé(e) must marry the U.S. citizen petitioner, if not, the alien fiancée must leave the U.S. For a fiancé(e) of a U.S. citizen, this is the best way to enter the U.S.

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