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K1 Visa (Finance 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 Visa (Finance Visa)

The following procedure to be followed for K1 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 Visa (Finance Visa)

The applicant and the petitioner should satisfy the following eligibility criteria for K1 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 Visa (Finance Visa) Holders

The following needs to be understood for K1 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 Visa (Finance Visa) Holders Whether Qualified to Apply for other Visas & Citizenship:

A K1 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 Visa (Finance Visa) Application will be rejected:

The K1 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 for K1 Visa (Finance Visa)

K1 Visa compliance is a temporary arrangement. Once married the K1 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 Visa holder or enter within one year from the date of issue of Visa.




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