The K-1 Visa allows the fiancé of a U.S. citizen to enter the U.S. for a 90 day period to marry the U.S. citizen and then apply for adjustment of status to permanent resident. The dependents of the fiancé(e) are allowed to enter the U.S. with a K-2 visa.
The first step to obtain a K-1 Visa is for the U.S. citizen to file a fiancee petition (Form I-129F) with the INS Service Center having jurisdiction over his or her place of residency.
The U.S. citizen must prove that (1) he or she has met in person with his or her fiancé within two years of the date of filing the petition, unless a waiver is granted; (2) he or she has a bona fide intention to marry; and (3) are legally able and willing to marry within ninety days after the fiance's arrival.
The K-1 fiancee must submit an application (Form OF-156) to the U.S. Embassy once informed by the Embassy that they have received the approved fiancé(e) petition.
Upon marriage to the U.S. citizen petitioner within 90 days of arrival, the K-1 fiancé may apply for adjustment of status to permanent resident.
If the parties do not marry within the ninety day period, the K-1 fiance will be required to depart and, if fails to depart, will be placed in removal proceedings with the immigration court.
The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Please note that information as well as government fees are subject to change without notice. For current fees and information contact the respective government agency directly.
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