K1 Visa for Fiancée of US Citizens

K1 Visa for Fiancée of US Citizens

The K1 visa allows a US citizen to bring his foreign fiancée to the United States with the intention to marry. They must marry within 90 days of the arrival of the fiancée, who can apply and become a permanent resident under the adjustment status. Although it is still not a permanent status, the K1 visa provides you the path to your green card and legal permanent status.  

What is K1 Fiancée Visa

If a US citizen intends to marry a foreign citizen, they are required to obtain a K1 visa for his or her fiancée. This allows the foreign citizen to travel to the United States and marry his sponsor within 90 days of the arrival. Failing to marry within that time may lead to deportation. If the marriage is completed within the set time frame, the fiancée can petition the USCIS for legal permanent resident status, which is likely to be approved in six to 12 months.

It pays to be in touch with a Houston immigration lawyer who  knows how to obtain work permits while on the K1 visa and the documents required to seek permanent resident status.

K1 Fiancée Visa Eligibility and Requirements

To sponsor a K1 visa for your fiancée, one must qualify the following conditions.

  • Must be a US citizen.
  • Have plans to marry the person within 90 days of his or her arrival.
  • Must be legally qualified to marry.
  • The fiancée is legally eligible to marry.
  • Must have physically met the fiancée at least once within the past two years before applying for the K1 visa. It is subject to exceptions if such a meeting is against your culture or potential to cause extreme hardship.

Those who have criminal records or previous history with immigration are likely to face rejection. Incomplete or fabricated documents may also result in the denial of a K1 visa application. To know more about exceptions and requirements, consult a Houston green card lawyer.

K1 Fiancée Visa Time Frame

The processing may take a few months depending on the workload at the consulate. Once approved, it remains in force up to six months. Your fiancée has to visit the United States and the marriage performed during that period. The time frame for marriage is 90 days from the day your fiancée arrives. Unless you marry within 90 days, your fiancée has to return home. The K1 visa is non-renewable and extended stay may lead to deportation.

Immigration Benefits and Advantages of K1 Fiancée Visa

The K1 visa is one of the fastest ways to get permanent resident status. Though the US citizen is responsible to support his or fiancée in the United States, the visa allows to seek work authorization through I-765 petition. As soon as the marriage is completed, the foreign national can apply for a spouse visa, which makes him a legal permanent resident, through form I-485. For the first two years, your fiancée has a conditional status. Consult a Houston visa lawyer on the process to remove conditions on residence.

In case, marriage does not happen within the stipulated 90 days, you may still have a chance if you consult a Houston immigration attorney. The K1 visa is valid for entry to the United States only once. You cannot renter once you leave the country. If you need to go to any other country while on this visa, you have to apply for Advance Parole so that you can return.

K1 fiancee visa is listed among the high-risk immigrant fraud category and applications undergo thorough scrutiny. To make sure your application is not rejected, contact an expert Houston visa attorney at Zavala Texas Law (832) 819-3723.

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