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K-1 Visa

What is the K-1 Visa?

The K-1 visa allows the foreign fiancé(e) of a U.S. citizen to travel to the United States to marry their U.S. citizen sponsor within 90 days of arrival. This visa serves as a bridge between the fiancé(e)’s non-immigrant status and potential subsequent adjustment to lawful permanent resident status (a green card holder).

Who Qualifies for the K-1 Visa?

To qualify for the K-1 visa, both the U.S. citizen sponsor and the foreign fiancé(e) must meet the following criteria:

a. Intention to Marry

Both parties must have a sincere intention to marry within 90 days of the foreign fiancé(e)’s arrival in the U.S.

b. Legal Ability to Marry

Any previous marriages must be legally terminated through divorce, annulment, or death.

c. U.S. Citizenship

The sponsor must be a U.S. citizen.

d. Meeting in Person

The couple must have met in person at least once within the two years preceding the application, with some exceptions.

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    What Are the Benefits of the K-1 Visa?

    The K-1 visa offers several advantages, including:

    a. Path to Marriage and Green Card

    The K-1 visa facilitates marriage and subsequent adjustment of status to a green card holder.

    b. Work Authorization

    K-1 visa holders can apply for work authorization upon arrival.

    What Are the Required Application Documents?

    When applying for the K-1 visa, applicants must submit:

    a. Petition

    Completed Form I-129F, Petition for Alien Fiancé(e), filed by the U.S. citizen sponsor.

    b. Passport

    A valid passport.

    c. Evidence of Relationship

    Proof of the genuine relationship, such as photographs, correspondence, or affidavits.

    d. Divorce or Death Certificates

    If applicable, to prove termination of previous marriages.

    e. Medical Examination

    A report from an approved medical examination.

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    Frequently Asked Questions

    Yes, same-sex couples have the same eligibility to apply for the Fiancée Visa, regardless of whether their home country recognizes same-sex marriages or not.

    Yes, a waiver from this requirement is possible. The U.S. citizen spouse can request a waiver if meeting the Fiancée would go against the traditions of their foreign culture or social practice or if it poses extraordinary difficulty for the U.S. citizen spouse.

    Fiancée Visa holders can work for 90 days after their arrival if they file Form I-765, Application for Employment Authorization, immediately upon entering the U.S. If the couple marries within 90 days, the fiancée can apply for employment authorization along with the Green Card application, which grants one year of work permission.

    You can provide divorce decrees, death certificates, or annulments to prove that you are unmarried and eligible to marry a U.S. citizen.

    Yes, after the partners legally marry, the Fiancée Visa holder can begin the Green Card application process.

    No, the Fiancée Visa is valid for 90 days and cannot be extended beyond this period.

    Unfortunately, no. Your sponsoring spouse must be a U.S. citizen for you to be eligible for the Fiancée Visa.

    The K-1 visa expires, and the fiancé(e) must leave the U.S. or face legal consequences.
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