For aliens coming to the United States to marry American
citizens and reside here, the Immigration and Nationality Act provides
visa classification under “K-1”.
PETITION
To establish K-1 visa classification for an alien fiancée), an American
citizen must file a petition, Form I-129F, Petition for Relative or
Fiancée), with the Immigration and Naturalization Service (INS) having
jurisdiction over the place of the petitioner's residence in the United
States. Such petitions may not be adjudicated abroad. The approved
petition will be forwarded by INS to the American consular office where
the alien fiancée) will apply for his or her visa. A petition is valid
for a period of four months from the date of INS action, and may be
revalidated by the consular officer.
VISA INELIGIBILITY/WAIVER
Applicants who have a communicable disease, or have a dangerous
physical or mental disorder; are drug addicts; have committed serious
criminal acts, including crimes involving moral turpitude, drug
trafficking, and prostitution; are likely to become a public charge;
have used fraud or other illegal means to enter the United States; or
are ineligible for citizenship, must be refused a visa. The two-year
foreign residency requirement for former exchange visitors is also
applicable. If found to be ineligible, the consular officer will advise
the applicant if the law provides for a waiver.
APPLYING FOR A FIANCéE) VISA
Upon receipt of an approved petition, the American consular officer
will notify the beneficiary and give him or her the necessary forms and
instructions to apply for a "K" visa. Since a fiancée) visa applicant
is an intending immigrant, he or she must meet most of the same
documentary requirements of an immigrant visa applicant. In addition to
the prescribed application forms, the following documents are normally
required
-- Valid passport
-- Birth certificate
-- Divorce or death certificate of any previous spouse
-- Police certificate from all places lived since age 16
-- Medical examination
-- Evidence of support
-- Evidence of valid relationship with the petitioner
-- Photographs
OTHER DOCUMENTATION
Both petitioner and beneficiary must be legally able and willing to
conclude a valid marriage in the United States. The petitioner and
beneficiary must have previously met in person within the past two
years unless the Attorney General waives that requirement. As soon as
the processing of a case is completed and the applicant has all
necessary documents, a consular officer will interview the fiancée). If
found eligible, a visa will be issued, valid for one entry during a
period of six months. Each applicant must pay a non-refundable US$45
application fee.
U.S. PORT OF ENTRY
At the port of entry, the alien fiancée) will receive a stamp in his or
her passport giving temporary permission to work pending marriage to
the U.S. citizen. The marriage must take place within 90 days of
admission into the United States. Following the marriage, the alien
spouse must apply to the INS to establish a record of entry for
conditional permanent residence status. After two years, the alien may
apply with Form I-751 to the INS for removal of the conditional status .
ADDITIONAL INFORMATION
Family Members
The unmarried, minor children of a K-1 beneficiary derive "K-2"
nonimmigrant visa status from the parent so long as the children are
named in the petition. A separate petition is not required if the
children accompany or follow the alien fiancée) within one year from
the date of issuance of the K-1 visa. Thereafter, a separate immigrant
visa petition is required.
Employment
Temporary permission is given to the alien fiancée) to work by the INS at the port of entry.
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