Immigration Lawyer’s Guide to Fiancé(e) (K-1) Visa
Thanks to reality shows like 90 Day Fiancé, by now, most people have heard about the Fiancé (K-1) Visa. But what are the requirements for someone who has met online (on bumble or another dating app like most people do these days) or otherwise and would like to bring a loved one to live with them in the United States?
The basic criteria is set out in INA §101(a)(15)(K)(i) [8 USC §1101(a)(15)(K)(i)]; 9 FAM 502.7-3, which requires:
(1) The immigrant to be a fiancé(e) of a U.S. citizen (“USC”, note that a Green Card holder cannot apply);
(2) The immigrant seeks to enter U.S. solely to conclude a valid marriage with petitioner (the U.S. citizen); and
(3) Marriage between the immigrant and U.S. citizen within 90 days after entry.
If the immigrant has minor children (under 18 years old), the minor children may accompany their parent by filing for a K-2 Visa.
Based on current processing times, the entire process may take anywhere from 6 months to 18 months (or even longer in some cases). The procedure requires the following:
(1) USC files Form I-129F petitioner with United States Citizenship and Immigration Services (“USCIS”) where petitioner resides.
(2) Provide proof that (a) there is a bona fide intention to marry (they cannot deny the Visa based on a focus on the closeness of the relationship) within 90 days of fiancé’s entry; (b) no legal impediments to marriage such as prior marriage that does not have a finalized divorce decree; and (c) have previously met in person within 2 years of filing petition.
a. USCIS may waive the in-person requirement if it would cause “extreme hardship” to the USC petitioner or would “violate strict and long established customs of the beneficiary’s foreign culture or social practice.” Financial hardship alone is usually insufficient.
b. The failure to comply with this requirement may result in the entry being deemed as unlawful. This may result in denial of naturalization down the road when the immigrant – notwithstanding the failure to comply with this requirement – becomes eligible to file for naturalization (U.S. citizenship).
(3) The USC petitioner must provide criminal record, if any. Criminal convictions regarding domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, or an attempt to commit any such crime or any conviction for certain violent crimes or attempt to commit those crimes, and any crimes related to controlled substance or alcohol where the petitioner has been convicted on at least 3 occasions not arising out of a single act will prevent the USC petitioner from being able to petition for a K-1 Visa for their fiancé(e).
(4) The Department of State (“DOS”) and USCIS screen K-1 fiancé(e) by obtaining input from the intelligence community and law enforcement and immigration agencies, and even checking social media accounts.
After the Form I-129F is approved, a DS-160 must be filed with the consulate who determines whether the fiancé(e) would be eligible for an immigrant visa before approving K-1 Visa.
There are certain circumstances where the K-1 Visa will not be issued including:
(1) If marriage would not be legal (in example, where there is an existing prior marriage and/or divorce not yet finalized);
(2) If beneficiary (the immigrant fiancé) is inadmissible;
(3) A person who conspired to enter into a marriage to evade immigration laws by seeking a K-1 Visa; or
(4) If the Petitioner has criminal convictions discussed above.
If a K-1 Visa is approved based upon the approved I-129F it will be valid for a period of 6 months. If a K-1 seeks admission after the expiration of the 4-month period of the petition’s validity but while the K-1 Visa remains valid (during the 6-month period), the K-1 will be admitted for 90 days even if the I-129F petition has expired.
Assuming your fiancé is issued the K-1 visa and you get married within 90 days of his/her entry, they will be able to apply for legal permanent residency (a green card).
So there you have it in a nutshell. You can make the television reality show “90 Day Fiancé” you and your fiancé’s reality by hiring an immigration attorney and filing for a K-1 Visa.
For more information on Employment Authorization Documents (“EADs”) for Ukrainian and Afghan Parolees click on the following link: https://www.rodarmandelaw.com/blog/te81lgdpp5mr8yzekv9q34207xyxzl
The content in this blog is for informational purposes only. Nothing stated herein should be construed as legal advice. It is for general purposes only and does not establish an attorney-client relationship. I strongly encourage you to seek legal counsel to assist you with your legal matter.
