When you finally find your perfect match, it may feel like nothing stands in your way. However, if the person you want to spend the rest of your life with is not from the same country, getting married may be more complicated than you realize. As such, it’s crucial to understand the K-1 visa process, which allows the foreign-born fiancè of a U.S. citizen to enter the country to marry. Please continue reading to learn about the K-1 visa application process and why connecting with our knowledgeable Essex County Family Immigration Attorneys is in your best interest.
What Are K-1 Visas?
If you are a U.S. citizen who wishes to bring your foreign-born fiancè to the United States to get married, you must file Form I-129F, Petition For Alien Fiancè(e). The fiancè(e) K-1 nonimmigrant visa is reserved for foreign-born fiancès of U.S. citizens. This visa allows non-residents to move to the U.S. if they marry their significant other within 90 days of admission.
To apply for a K-1 visa, the foreign national fiancè must live outside of the United States, be legally accessible and able to marry, have met the U.S. citizen finacè in person at least once within the last two years, and not have been convicted of a serious criminal offense. It’s important to note that if you have children, they must be under 21 to be sponsored for a K-2 visa.
What Does the K-1 Visa Process Entail?
Unfortunately, marriage fraud is a common issue, leading immigration officials to demand proof of a legitimate relationship and adherence to strict eligibility criteria before granting K-1 visas. Those in international relationships need to understand the K-1 visa process as it’s a crucial component in their journey to happily ever after.
The K-1 visa application process involves five steps. To initiate the process, the U.S. citizen (the petitioner) must file Form I-129F with USCIS on behalf of their foreign-born fiancè. If USCIS approves the petition, this means they recognize there is an intended marriage. They will notify the petitioner and send the approved petition to the Department of State’s National Visa Center (NVC). However, it’s important to understand that approval does not mean that you have permission to travel to the U.S.
The Department of State (DOS) will notify the petitioner when the foreign-born fiancè can apply for the K-1 visa. This complex process requires a background check, a medical examination, and an interview with USCIS to verify the details of your relationship. Once you receive a K-1 visa, you will be permitted to travel to the U.S., where you will be inspected by Customs and Border Protection (CBP). As mentioned above, you have 90 days to marry your U.S. citizen partner.
After entering a legal union, you can file Form I-485, Application to Register Permanent Resident or Adjust Status. This will enable you to apply for lawful permanent residence (a green card). If lawful permanent resident status is granted, you will be given 2 -year condition permanent resident status. After two years, you can apply to have the conditions removed from your permanent residency.
For more information about the K-1 visa process, please don’t hesitate to contact an adept attorney from the Law Offices of Christopher T. Howell, Esq., to schedule a free consultation.
