US
Fiancé or Fiancée Visa
What
is a US Fiancé or Fiancée Visa?
K1 Visas are
visas for foreign fiancés also also called a Fiancé
Visa.
K1 visas are
issued to those who are engaged to a foreign woman who have
the intent of being married once the lady arrives in the US.
In addition to the K1 visa there is a K2 visa which is a
derivative of the K1 visa. The K2 visa is for the ladies minor
children under the age of 21 years.
What
are the documents that I need before I can apply?
-
Any document
to prove that the petitioner is a U.S. citizen: U.S.
government issued birth certificates are best.
-
Any document
to prove that the two have met within the past two years.
Best proof can best be shown through pictures of the two
being together. The pictures should have the date
imprinted on it by the photo developer to show that it was
taken within the past two years. This is an important
requirement. Failure to meet this requirement will often
result in a denied fiance petition.
-
You must
show financial ability to support your fiancé(e).
-
Any document
to prove that each is legally free to marry. If any was
previously married, s/he will need to include documents
showing that the marriage was terminated through death or
divorce.
-
Any document
to prove that that the alien has the genuine intention to
marry the U.S. citizen within 90 days of his/her arrival
into the U.S. This can be in the form of: wedding plans,
church reservations, caterer reservations, receipts for
deposits placed, wedding invitations, letter from a pastor
indicating that he will be presiding over the ceremony.
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What
are the steps involved in getting a US Fiancé or Fiancée Visa?
There are two
basic steps involved in getting a K-1 visa.
The first one
involves a Petition which is completed by the partner who is a
U.S. citizen.
The second step
involves the Application which is the alien partner's 's
request for a K-1 visa stamp at their home country's US
consulate. The completed petition is then sent to the INS for
approval. Upon receipt of the completed petition, the INS will
send the U.S. citizen a receipt notice indicating that they
have received the petition and providing an approximate time
frame for how long the processing will take.
Most Frequently Asked Questions:
Question: Will there
be a problem if the U.S. citizen and the fiancé(e) have not
seen each other within the required two years?
Question: Probably so. A specific requirement for
approval of the fiancé(e) visa petition is that there be
evidence that the U.S. citizen and the fiancé(e) have
actually met in person within two years of filing the
petition.
One exception to this rule is
if meeting your fiancée would have resulted in "extreme
hardship" other than financial hardship. Other forms of
hardship may qualify but that claim must be supported by
documentary evidence.
Another exception to this requirement is that if according to
social custom, the bride and groom are prohibited from meeting
prior to the wedding day. This might occurr in an instance
where marriages are arranged by the bride and groom's parents.
Proof of the such a social custom must be documented in the
form of letters from religious leaders.
Question: I am a U.S. permanent resident, may I bring
my fiancée to the United States?
Question: No, there is no provision based in law which
would allow a U.S. permanent resident to bring a fiancé(e) to
the United States. A U.S. permanent resident can petition to
bring a spouse to the U.S. However, because of the current
back log this may take many years unless you become a U.S.
citizen.
Question: Can my fiancée work in the U.S. after
entering?
Question: At the port of entry into the U.S. your fiancé(e)
might receive a stamp on the I-94 entry card or passport
giving him/her temporary permission to work. Unfortunately,
most points of entry have abandoned this practice.
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