THE K PACKET
Wondering what a Fiancé(e) K1 visa is?
A K1 visa is what United States citizens apply for when they want to bring their foreign fiancé(e) to the U.S. The K1 visa allows the alien fiancé(e) to travel to the U.S., and the fiancé(e) must marry his/her U.S. citizen sponsor within 90 days of arrival. Should the marriage not push through, the alien fiancé(e) is required to depart the U.S. before the K1 visa expires.
Are you qualified?
To qualify for a K1 visa, both parties must be free to marry. This means that both the alien fiancé(e) and U.S. citizen sponsor are unmarried or that any previous marriages have ended through divorce, annulment, or death.
Both parties must have previously met in person within 2 years before the date of filing the K1 visa petition.
Both parties must have a bona fide relationship and intention to get married within 90 days of the alien fiancé(e)’s arrival in the U.S.
Do you want to apply?
The U.S. citizen sponsor must first file a Form I-129F (Petition for Alien Fiancé(e)) nonimmigrant visa petition with the U.S. Citizenship and Immigration Services (USCIS) that has jurisdiction over the sponsor’s place of residence. Once the petition is approved, the petition is then forwarded to the State Department’s National Visa Center (NVC) for pre-processing. The NVC subsequently forwards the case file to the U.S. Embassy or Consulate in the country where the foreign fiancé(e) resides.
What about my children?
Minor children (unmarried and below 21 years of age) of a K1 applicant are allowed to receive derivative (K2) status from his/her parent’s I-129F petition. Derivatives may apply at the same time as the principal applicant parent or may apply later, but must be issued K2 visas within one year from the date the K1 visa was issued to the parent. Extensions are not allowed.
More on the K1 visa in our next blog post. Stay tuned!