Minnesota K1 Visa Fiancée of US Citizen Attorney

K1 Fiancé(e)Visa

Application Process

When a citizen of the United States plans to marry a citizen of a foreign national within the United States, they may apply for a nonimmigrant visa on behalf of their fiancé(e) in which will allow the alien fiancé(e) to legally enter the United States for a period of 90 days in which the couple must get married.  The United States citizen must complete Form I-129, Petition for Alien Fiancé(e) and file it with the United States Citizenship and Immigration Services (USCIS).  Once the petition has been approved, it will be forwarded from the USCIS to the American consular office where the fiancé(e) may apply for their visa.

Eligibility Requirements

In order to obtain an approved petition, the Petitioner must demonstrate:

  • The Petitioner is a citizen of the United States
  • The Petitioner intends to marry their fiancé(e) within the 90 day period their fiancé(e) arrives in the United States
  • The Petitioner and their fiancé(e) are legally able to marry and that all previous marriages have been legally terminated through annulment, death, or divorce
  • The Petitioner and their fiancé(e) have met in person at least one time within the two year period prior to the date the petition was filed

Waiver

There are two exceptions to the eligibility requirements in which will require a waiver.  The exceptions are:

  • If the requirement would violate the strict and long-established customs of the Petitioner’s or the alien fiancé(e)’s culture or social practices; and
  • If the Petitioner is able to provide proof that the requirement would result in an extreme hardship to them

If a United States Citizen intends to marry a citizen of a foreign national outside of the United States or if their fiancé(e) is currently a legal resident who is living in the United States, they do not need to apply for the K1 Fiancé(e) visa.   The petition is valid for no more than four months from the date of the USCIS’s action and may be revalidated by the consular officer.

Employment

The alien fiancé(e) may be eligible to file Form I-765, Application for Employment Authorization with the USCIS after they are admitted to the United States.  Please note that employment authorization is authorized for a period of 90 days after entry into the United States, however the applicant may be eligible to file for an extension when they file for permanent resident status.

Family

If the alien fiancé(e) has children under the age of 21 years and are unmarried, the children may qualify to apply for the K-2 nonimmigrant visa.  The Petitioner must provide the names of their fiancé(e)’s children on Form I-129F in order for the children to become eligible for such visa.

Visa Ineligibility/Waiver of Inadmissibility

It may be determined that an applicant is denied their petition and deemed ineligible.  Applicants are deemed in eligible if they:

  1. Have committed a serious crime
  2. Are deemed to be or likely to be a public charge
  3. Have illegally entered the United States
  4. Have a communicable disease or a dangerous mental disorder
  5. Are considered drug addicts
  6. Are subject to a J1 two-year foreign residency requirement

These applicants may only qualify should they submit a waiver of inadmissibility and it is approved by the USCIS before the consular officer will issue the K1 visa.

Automatic Expiration

Should the marriage not occur within the 90 day period allotted, the fiancé(e) visa status will automatically expire and the alien fiancé(e) will be required to leave the country immediately to avoid the deportation process and future eligibility.  The K-2 non-immigrant status of any of the alien fiancé(e)’s children will automatically expire at the same time their parent’s fiancé(e) status expires.

Consult an Immigration Attorney

Tarshish Cody’s immigration attorneys are ready to assist you.  For more information about the K1 Fiancé(e), call 952-361-5556 (or fill out the free case evaluation form below) to speak to one of our exceptional attorneys today.

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