K-1 Visa

If you are engaged and want to bring your fiancé/fiancée to the United States you can petition your fiancé/fiancée for a K-1 Visa. Once the K-1 visa is approved the file is sent to the National Visa Center (NVC) for consular processing. Upon approval of the K-1 Visa by the U. S. consulate of the fiancé/fiancée’s home country or country of residence, s/he can thereafter enter the U.S. with a K-1 nonimmigrant visa. This visa is based on a condition that the U. S. citizen (USC) petitioner and the fiancé/fiancée must marry within 90 days of entry. K-1 Visa holders are eligible for an Employment Authorization Document to legally work in the U.S. while waiting to marry.

Once the couple marries, the USC spouse can file the I-130 Petition for Alien Relative concurrent with his/her spouse’s adjustment of status application for lawful permanent residency. If the couple decides not to marry, the fiancé/fiancée will have to leave the U.S. immediately.

Requirements

• You (Petitioner) must be a USC;
• You must have met your fiancé/ fiancée in person within the previous two years from filing the petition;
• You and your fiancé/fiancée are free to marry;
• You must meet a minimum income requirement;
• Your fiancé/fiancée must be admissible into the United States; “admissible” means not having certain criminal or immigration violation history and/or undesirable traits identified by the United States government.

K-1 Dependents

If your fiancé/fiancée has any unmarried minor children (17 years old and below) they can also be granted K-2 Visas. You can petition for the step-child/step-children and the adjustment of status can be concurrently filed. If you and your fiancé/fiancée decide not to marry, the minor child/children will have to leave the U.S. with the K-1 Visa parent.

The K-1 Visa application process is complex. To increase your chances for approval of the K-1 Visa, the experienced immigration lawyers at the Law Office of Shane D. Scott will assist you with the application process and for the consulate interview, if desired. For assistance with the K-1 Visa, contact our office at (800) 230-0744 or sscott@shanescottlaw.com or Skype: shanescottlaw.