| K-1 Fiancees
This category
is for noncitizen fiance(e)’s of U.S. citizens who wish to
enter the United States to marry the U.S. citizen petitioner.
In order for a K-1 nonimmigrant visa to be granted, the
U.S. citizen petitioner must first file a nonimmigrant visa
petition on behalf of the fiance(e) who is residing outside
the United States. Approval of the petition depends upon presentation
of satisfactory proof that the U.S citizen petitioner and
fiance(e):
- Previously met in person within two years before filing
the petition, although this requirement of personal meeting
may be waived by the Attorney General;
- Have a bona fide intention to marry; and
- Are legally able and willing to conclude a valid marriage
in the United States within ninety days after the noncitizen
fiance(e)’s arrival.
A visa petition approved under this section is valid for a period
of four months, but can be revalidated any number of times for
another four-month period provided that the requirements for
the visa continue to be met. However, repeated requests for
revalidation may call into question the parties’ intentions.
The minor children of a K-1 fiance(e) receive derivative K-2
status with no separate petition requirement.
A K-1 noncitizen fiance(e) is admitted to the United States
for ninety (90) days and can neither change nor extend their
status. The K-1 fiance(e) may apply for employment authorization,
but it is rarely granted before the 90 days expires. The U.S.
citizen petitioner and the K-1 fiance(e) must be married prior
to the expiration of the K-1 fiance(e)’s stay. If not, the
K-1 fiance(e) must depart the United States or become subject
to removal.
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