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Fiancées of United States Citizens - K VISAS
The K visa is a hybrid category because it is a
nonimmigrant visa granting admission to a person
who intends to immigrate to the United States.
The purpose of the K-1 visa is to grant the K-1
visa holder permission to enter the United
States for the purpose of marrying the United
States citizen Petitioner. The K-1 visa holder
must marry the United States citizen Petitioner
within 90 days after entering this country.
WHO QUALIFIES FOR A K-1 VISA?
The fiancée of a United States citizen
Petitioner may qualify for a K-1 visa.
WHAT IS REQUIRED TO QUALIFY FOR A K-1 VISA?
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The foreign fiancée and the United States
citizen Petitioner must have previously met
in person within two (2) years of filing the
Petition for the fiancée visa. A waiver of
this in person meeting requirement is
available in some circumstances.
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The United States citizen Petitioner and the
foreign fiancée must be legally able and
willing to marry each other in the United
States within 90 days after the fiancée
arrives in this country. This means that
both parties must be legally single and that
all prior marriages have either ended by
legal divorce or annulment or through the
death of a prior spouse.
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Both parties must have a bona fide intention
to marry each other within 90 days after the
foreign fiancée arrives in this country.
OTHER INFORMATION ABOUT THE K-1 VISA:
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The K-1 visa is valid for four (4) months.
This means the foreign fiancée must enter
the United States within four (4) months
after the K-1 visa is approved. A K-1 visa
can be extended beyond four (4) months in
some circumstances.
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The K-1 visa Petition is automatically
terminated if the United States citizen
Petitioner dies or withdraws the Petition
before the foreign fiancée arrives in this
country.
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If the foreign fiancée does not marry the
United States citizen Petitioner within 90
days of arriving in this country, the K-1
nonimmigrant must leave the U.S. or be
subject to removal proceedings.
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The K-1 visa holder is eligible to apply for
employment authorization in the United
States.
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After marrying the United States citizen
Petitioner, the K-1 visa holder must apply
for adjustment of status to conditional
lawful permanent resident.
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The K-1 visa holder may only file for
adjustment of status based on the lawful
marriage to the same United States citizen
Petitioner who filed the K-1 Petition.
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