The K-1 visa allows a U.S. citizen to petition for their fiancé to enter the U.S. for purposes of marriage. The petitioner must meet the following requirements:
- The petitioner must be a U.S. citizen
- The petitioner must intend to marry their fiancé within 90 days of their fiancé’s admission to the U.S.
- The petitioner and their fiancé must not be in any other legally recognized marriage. All prior marriages must have been terminated.
- The petitioner and their fiancé must have met in person within two years prior to the filing of the visa petition. This requirement can be waived if the petitioner can demonstrate that such a meeting would violate cultural norms or if compliance with the meeting requirement would result in extreme hardship to the petitioner.
- The petitioner and their fiancé must marry within 90 days of admission to the U.S.
- Un-married children under 21 years old of the fiancé may be included in the petition and receive K-2 status.
- The fiancé may apply for work authorization after entry to the U.S.
- After the marriage occurs, within the 90 day period, the fiancé may apply for Adjustment of Status in the U.S.
VisaZip helps individuals and businesses find more efficient solutions to their immigration needs. With over two decades of combined experience handling thousands of immigration cases, our attorneys will help you navigate the complex landscape of U.S. immigration law to find the solution that is best for you. Please contact us to learn more about the K-1 visa and to schedule a consultation.
Written by Farid Masoud Esq. Mr. Masoud previously served as an Assistant Chief Counsel for Immigration Customs Enforcement (ICE) and as an Immigration Officer with United States Citizenship and Immigration Services (USCIS). Mr. Masoud is currently a partner at VisaZip LLP, an immigration law firm that serves individuals throughout the U.S. and globally.
Please note: This article is for general information purposes and should not be construed as legal advice, nor does it create an attorney-client relationship. Please contact an experienced immigration attorney for your specific immigration issue.