U.S. citizens can petition a foreign national fiancé(e) for a K-1 visa, also known as a fiancé(e) visa. The K-1 visa allows the foreign national to enter the United States for the purpose of marriage. Fiancé(e) visas are dual intent visas. It allows the foreign national to enter the United States with the intention to marry the U.S. citizen and apply for a green card also known as adjustment of status after the marriage occurs. The K-1 visa is valid for 90 days and the marriage must occur during those 90 days.
Family Based Immigration
The K-1 Visa Process
The process begins with a U.S. citizen submitting a Form I-129 petition to USCIS. The US citizen must prove that he or she qualifies for the classification sought. The US citizen and the foreign national must have met at least one time before the US citizen can submit the Form I-129 petition to USCIS.
upon approval of the Form I-129 petition, USCIS sends the approved petition to the national visa center also known as the NVC. At the NVC, The US citizen must submit an affidavit of support and the beneficiary of the K1 visa petition must submit additional documents to qualify. This process is known as “Consular Process.”
Once the NVC finishes the Consular Process, the NVC will work with the U.S. Embassy abroad to schedule a K-1 visa interview with a Consular officer. If all goes well at this interview, the foreign national will receive the K-1 visa on his or her passport.
The green Card Process for the K-1 Visa Holder
The K-1 visa holder will have 90 days to enter the United States with his or her K-1 visa. Upon entry into the United States, The US citizen and the visa holder have 90 days to get married. After the marriage, the K-1 visa holder can apply for adjustment of status by submitting a Form I-485 to USCIS. The K-1 visa holder is now a lawful permanent resident with a conditional green card that lasts 2 years.
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