Corporations / Employees
K Visa (Fiancée)
As a citizen of the US, you can bring your foreign fiancé(e) into the country with the intention to marry. Take care, as paperwork must be filed first! You will need to file a Form I-129F, Petition for Alien Fiancé(e). This is the first step to obtain a K-1 visa or ‘fiancé(e)’ visa. To get the K-1 visa, you and your fiancé(e) must marry each other within 90-days of the fiancé(e) entering the US as a K-1 nonimmigrant. The marriage must be bona fide – that is, you and your fiancé(e) have sincere intentions to establish a life together, and the sole purpose of the marriage is not to obtain immigration benefits. If your fiancé(e) marries you with 90 days of being in the US, they can apply for adjustment of status in the US.
Eligibility for fiancé(e) visaTo be eligible for the fiancé(e) visa you must meet the following requirements:
You must be a citizen of the US
You and your fiancé(e) will marry within 90 days of the fiancé(e) admission to the US on a K-1 nonimmigrant visa
You and your fiancé(e) are legally able to marry in the US and any previous marriage has been terminated by divorce, annulment, or death
You are your fiancé(e) met with each other in person at least once in the last two years period before you file the petition. Though, you can seek a waiver of this requirement in-person meeting requirement if you can show that:
The in-person meeting would violate long-established and strict custom of your fiancé(e) social practice or culture
It would result in extreme hardships for you, the petitioner
Documents NeededA valid passport to travel
Death or divorce certificate of any previous spouse of both US citizen petitioner or yourself
Police certificates from your present country of residence
Medical examination reports
Evidence of financial support
Evidence of relationship
Receipt of fee payment(s)
ProcessThere are three primary agencies involved in the process of bringing your fiancé(e) to the USA namely: the USCIS, the DOS, and U.S. Customs and Border Protection (CBP). At every step security and background checks are conducted on both you and your fiancé(e). This generally includes checks in databases for criminal history, security flags, financial activity, and other information that can help establish the admissibility of the immigrant petitioner, as well as the eligibility of the American citizen to sponsor such a relationship. This is conducted using names, fingerprints, and other biometric and biographic information.
File the petition with USCIS
You begin by filing Form I-129F, Petition for Alien Fiancé(e). The purpose of the form is to recognize the relationship between you and your fiancé(e). Assistance in proceeding through the requirements of the process is available, and just a consultation away. The team at Rijal Law Firm will ensure that the necessary documents are submitted, establishing the relationship beyond doubt and moving the process towards success. After eligibility is established, USCIS approves Form I-129F and it is sent to the DOS National Visa Center (NVC).
Visa application with DOS
The NVC then forwards the approved Form I-129F to the consulate or embassy where your fiancé(e) will be applying for the K-1 nonimmigrant visa. The embassy will then schedule a visa interview for the fiancé(e) is scheduled. The fiancé(e) needs to carry relevant forms and documents necessary for the visa interview. The DOS officer determines whether your fiancé(e) qualifies for the K-1 nonimmigrant visa.
Inspection at the port of entry by CBP
If DOS issues a K-1 nonimmigrant visa, your fiancé(e) can travel to the US and seek admission at the port of entry so long as the K-1 nonimmigrant visa is valid. A CBP official makes the ultimate decision about whether to admit your fiancé(e) or not.
If your fiancé(e) has a child or children under 21 years of age and unmarried, they may be eligible for a K-2 nonimmigrant visa. It is necessary to include the name of any children of the fiancé(e) on the Form I-129 if you intend to bring them to the USA as K-2 nonimmigrants. The children can travel with your fiancé(e), but cannot precede the parent in arrival.
Permission to WorkThe K-1 nonimmigrant visa can immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. The fiancé(e)’s work authorization is valid for 90 days from the date of entry into the U.S.
The K-1 nonimmigrant may also apply for work authorization at the same time they apply for a Green Card. In this case, your fiancé(e) can file Form I-765 together with Form I-485. An approved work authorization is valid for one year when filed in this manner.