K1 Fiance Visa

A K1 Visa or a Fiance (e) Visa enables an Individual (Fiance (e)) who is a Foreign National to enter the US for Marriage with an American Citizen and living thereafter. The following basic conditions are to be satisfied:

• They should have met in person in the past two years.
• The marriage should be legal as per US laws.
• Both are free to marry.

How to Apply For K1 Fiance Visa:

The following procedure to be followed for K1 Fiance Visa:

• Filing of a Petition for Alien Fiancé (e) by the Petitioner (American citizen)
• Within four months the applicant should apply for a K-1 Visa (Finacee/Finace Visa)
• Submit the relevant documents as may be required for Visa processing.
• Ensure submission of RFE’s (Request for Additional Evidence)

Eligibility For K1 Fiance Visa:

The applicant and the petitioner should satisfy the following eligibility criteria for K1 Fiance Visa:

• The petitioner should be a U.S.Citizen. A Legal Permanent Resident (LPR) is not eligible.
• The intention of marriage should be clear.
• Either of them is free to marry (not bound by legalities of previous marriage).
• Requirement that both should have met in person during the previous two years.
• Petitioner is in a position to provide a proper financial support to the applicant.
• The applicant should ensure that he/she does not
  1. Resort to fraudulent means,
  2. Discrepancies in previous Visa procedures
  3. Indulge in immoral/illegal act
  4. Have medical reasons
  5. Involve in activities against the Govt.

Length of Stay and Extension For K1 Fiance Visa Holders:

The following needs to be understood for K1 Fiance Visa:

• Applicant/Fiance should apply for K1 Visa within four months from the date of approval of petition. It may be extended if required.
• On granting of the K-1 Visa one should enter the US within six months from the date of issue.
• Ensure they get married within 90days from the date of entry of Fiance (e) into the US. Extension not allowed.
• Immediately after marriage one has to apply for Adjustment of Status (AoS) for permanent residence.

K1 Fiance Visa Holders Whether Qualified to Apply for other Visas & Citizenship:

A K1 Fiance Visa holder is eligible for the following:

• May apply for an Employment Authorization Document (EAD) until AoS is approved to work.
• To travel outside US and re-enter before AoS approval one has to apply for “advance parole”.
• On approval of AoS Green Card is granted.
• Can apply for Citizenship (Naturalization) three years after approval of AoS.

In which case your K1 Fiance Visa Application will be rejected:

The K1 Fiance Visa application gets rejected on the following grounds

• Fiance (e)/Applicant do not satisfy the eligibility criteria.
• Main purpose of marriage does not take place.
• Process timelines are not met.
• Sufficient and additional evidences not provided.
• The petitioner is not in a position to extend financial support.
• Illegal marriage
• Fraudulent practices.

Conclusion:

K1 Fiance Visa compliance is a temporary arrangement. Once married the K1 Fiance Visa holder can apply for a change of status to become Legal Permanent Resident (LPR). Where the marriage does not take place within the stipulated time the applicant is requested to leave to his/her own country and the Visa stands cancelled. The applicant/ fiancé’s children can enter the US under K-2 Visa. They can either travel along with K1 Fiance Visa holder or enter within one year from the date of issue of Visa.