K-1 Visa

Temporary Visas for Fiancées of U.S. Citizens

The K-1 Visa is a visa specifically for the foreign fiancé(e) of a U.S. citizen. The purpose of the visa fiancé is to allow the foreign fiancé to enter the U.S. in the K-1 visa status in order to marry his/her U.S.   citizen fiancée and apply for a green card within 90 days from entry. The visa is known as a “single-entry” visa, meaning that it can be used only ONCE for entry to the U.S. If the foreign fiancée leaves the United States after entering on a K-1 visa, he/she may not re-enter on the same visa.

Although a K-1 visa is considered a “nonimmigrant” visa, it is more like a hybrid visa, since the intention of the visa is to allow the foreign fiancé to ultimately “immigrate” to the U.S. After the fiancé(e) has been admitted into the United States, he/she can apply for a social security number. Upon getting married, the couple may apply for permanent residence and remain in the United States while USCIS processes the application. K-1 visa holders are permitted to work, but must re-apply for a work permit after receiving permanent status. The dependent children of K-1 visa holders may accompany the visa holder under K-2 status.

The requirements are that you have the intention to marry within 90 days of entry on the K-1; you’re legally eligible to marry; and that you and your fiancée have met in person within the two years of filing the fiancé visa petition (which can be waived only if meeting your fiancée in person violates long-established customs, or if meeting your fiancée creates an extreme hardship for you). If the couple does not marry within 90 days, the fiancé(e) status automatically expires after 90 days and cannot be extended. The fiancé(e) should leave the United States at the end of the 90 days and if not, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

If you plan to marry a foreign national outside the United States or your fiancé(e) is already residing legally in the United States, you do not need to file for a fiancé(e) visa.

For those cautious individuals, interested in protecting their property in case of divorce, we can offer a bargain not to be missed: package deal which will include fiancée visa, Green card application and preparation of prenuptial agreement.