The Immigration and Nationality Act (INA) provides a nonimmigrant visa classification "K-1″ for foreign nationals coming to the United States to marry American citizens and reside here.
To establish K-1 fiance visa classification for, an American citizen must file a petition, Form I-129F, Petition for Relative or Fiance, with the United States Citizenship and Immigration Service (USCIS) having jurisdiction over the place of the petitioner's residence in the United States.
The K-1 Fiance visa petition may not be adjudicated abroad.
The approved Fiance visa petition will be forwarded by USCIS to the American Embassy where the fiance will apply for his or her visa.
The fiance visa petition is valid for a period of four months and may be revalidated by the consular officer.
K-1 Visa FAQs
Can the K-1 Visa be extended beyond the initial four months?
There are no limits to the number of times that a consular officer can extend a K visa petition, done in four month increments. This is based on the officer’s conclusion that the petitioner and the beneficiary are legally free to marry and still intend to marry one another within 90 days of the beneficiary’s admission to the USA.
Are dependent children on K-2 visas required to travel to the USA at the same time as the K-1 beneficiary?
No. Eligible dependent children may travel to the USA on a K-2 visa any time within one year of the issuance of the K-1 visa to the principle beneficiary.
Do all of my fiance’s children need to be listed in the K visa petition?
All children of a K-1 beneficiary must be listed on the visa petition. Failure to list children on the petition will result in suspended action and USCIS reconsideration.
How does my fiance’s pregnancy affect the petition?
Applicants must provide the consular officer with a statement which acknowledges the pregnancy and reaffirms the desire to marry.
What do I do if I decide not to get married?
Send a notarized request to the Embassy, formally withdrawing your petition.
How much money do I need in order to invite my fiancé to the US?
You must meet either the I-864P-income requirements for 2011, or meet the asset requirement.
What is IMBRA, and does it affect my case?
The International Marriage Broker Regulation Act (IMBRA) became law in 2006. If you have been convicted of certain violent crimes, then you require a waiver before proceeding with a K-1 visa petition.
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