K Visa

A U.S. citizen, who marries a person while outside the U.S., can file a relative petition if the couple plans to live in the U.S. This petition is the first step towards the new husband or wife becoming a permanent resident.

Sometimes the U.S. citizen and the fiancé(e) want to get married in the U.S. The K1 nonimmigrant category allows the U.S. citizen to bring the fiancé(e) to the U.S., so that the two can marry here. The U.S. citizen and fiancé(e) must have decided to marry and not simply wish to spend time together to think about it.

The K1 status cannot be given to a person who is already in the U.S. If granted, status will be given for 90 days and cannot be extended. If the two marry within this period, this status becomes a pathway to United States citizenship for the new spouse! The fiancé (e)’s unmarried children may be granted K2 dependent status to accompany the K1 fiancé(e).

Can a legal permanent resident of the United States apply for a K1 visa?

No. This fiancé (e) nonimmigrant process is only available to U.S. citizens. It is not available to permanent residents or persons with any other immigration status.

This visa is a way of keeping a family together. Minor children can also become part of the process. The visa allows the finance (e) and the minor children, if there are any, to enter the United States. They do not have to be separated for a long time waiting for the marriage.

How does the process begin?

It all starts with the filing of the I-129F Petition for Alien fiancé. Once approved, you can forward the approved application to the U.S. Consulate (which issues immigrant visas) in the country where you were married. If you were married in the U.S., the approved petition has to be forwarded to a consulate which has jurisdiction over the area where you reside.

What are the requirements for the K1 Visa?

• You must be the beneficiary of an immigrant visa petition filed by a U.S. citizen.
• You have entered the United States as required
• You must marry within 90 days of entering the U.S.
• Have an immigrant visa available
• Are admissible to the United States

How do you apply for legal residence?
Once you complete the above requirements, you can then begin the legal permanent resident process. I recommend you use the services of an experienced immigration attorney to help you. This is not an easy process. Click for consultation.

Next, you can begin filing for adjustment of status in order to get your legal permanent resident card. The final application is form I-485.

What documents do you need?

You should have the following:

• Two passport photos
• The G-325A
• Photo identification
• Birth certificate
• Passport pages
• Form I-94, Admission/Departure Record
• Proof of marriage
• Proof of your Medical Examination and Vaccination Record,
• Affidavit of Support
• Copy of approved applications.
• The filing fees

Can you work in the United States while the petition is pending?

Yes. You are allowed to work in the U.S. while waiting for your Permanent Resident status. However, in order to do this you must have a work permit. To apply for a work permit, submit Form I-765 (Application for Employment Authorization) to the USCIS center.