K-1 VISA

A U.S. citizen, petitioner, can petition to bring his or her alien Fiancee to the U.S. for a legitimate marriage. The alien Fiancee should apply for a K-1 Visa in order to enter the U.S. A K-1 Visa holder can later apply for conditional permanent resident status. A Fiancé(e) Visa is a temporary Visa good for one entry into the US for 6 months, but can be readily converted to a permanent Visa once the marriage occurs in the U.S.. The Fiancée Visa petition process involves little or no contact with the Foreign Government.

Procedures

The U.S. petitioner files a petition, Form I-129F, Petition for Alien Fiancé, with the INS having jurisdiction over the place of the his/her residence in the U.S. When the INS received the petition, the citizen will receive a receipt notice of approval. However, before filing the petition, the U.S. petitioner should make sure that he or she has met in person and have enough proof of the present relationship. The USCIS will then forward the petition to the foreign fiancé(e)'s consulate in their home country. The consulate will set up an appointment and notify the fiancé(e) of the time, date, and the documents to bring to the interview. Once the interview is approved by the consulate officer, the K visa stamp is issued and the foreign fiancé(e) is free to enter the United States. The initial valid period for a K-1 Visa status is of four moths and can be revalidated if needed.

As soon as the foreign fiancé(e) has entered the United States, the marriage should be done within 90 days. After the wedding, the couple can then file the Adjustment of Status for the foreign fiancé(e) and family (if any).

Ninety (90) days before the second anniversary of the date that the foreign foreign fiancé(e) obtained conditional resident status, the INS will again notify you that you are required to file a Form I-751, the Petition to Remove the Conditions on Residence.

Forms and Documents

In order to apply for a K-1 Visa, the following forms and documents should be provided:

A passport, valid for travel to the United States for a duration more than the intended period of stay by at least six months.
A birth certificate (if available), or other similar documents.
A divorce or death certificate of any previous spouse, if applicable.
Police certification of all the places that the alien beneficiary has lived since the age of 16.
A medical examination.
Evidence of financial support.
Proof of a valid relationship with the fiance(e).
Two recent photographs 1 & 1/2 inches square (37mm x 37mm) , with the entire face visible. The picture should be taken before a light background and without head covering.

For the U.S. citizen or permanent resident, the following information should be provided:

Form I-130, Petition for Alien Relative, with all required documentation
A copy of your birth certificate showing your name, or your U.S. passport
If you are a citizen and were not born in the United States, a copy of either
your Certificate of Naturalization or Citizenship or
your U.S. passport

If you are a lawful permanent resident (LPR), a copy of your alien registration receipt card
Two completed and signed G-325A’s (one for you and one for your spouse)
A copy of your civil marriage certificate
A copy of any divorce decrees, death certificates, or annulment decrees that would show that any previous marriage entered into by you or your spouse was ended legally
A color photo of you and one of your spouse (see Form I-130 instructions for photo requirements for details)