K-1&K-2 Visas

The K-1 visa, also known as the Fiancé(e) Visa, is intended for foreign nationals who wish to marry a U.S. citizen in the United States and subsequently apply for a Green Card (lawful permanent residence). The K-2 visa is granted to unmarried children under the age of 21 of the K-1 visa holder, who may accompany the applicant or apply separately within one year of the K-1’s issuance.

Although the K-1 is a nonimmigrant (temporary) visa, it allows the foreign fiancé(e) to enter the United States to marry within 90 days of arrival. After the civil marriage, the spouse may apply for adjustment of status through Form I-485, becoming a lawful permanent resident. If the Green Card is issued within two years of the marriage, it will be conditional and valid for two years, requiring the submission of Form I-751 to remove the conditions of residence.

To be eligible for the K-1 visa, the following requirements must be met:

·       The petitioner must be a U.S. citizen;

·       Both parties must be legally free to marry (single, divorced, or widowed – legal separation is not accepted);

·       The couple must have met in person at least once within the two years preceding the petition, unless a cultural tradition or extreme hardship prevents it;

·       There must be a genuine intent to marry, and not solely for immigration purposes.

The process involves three main agencies: the U.S. Citizenship and Immigration Services (USCIS), the Department of State (DOS), and the U.S. Customs and Border Protection (CBP).

USCIS Petition – The U.S. citizen must file Form I-129F (Petition for Alien Fiancé(e)), providing evidence of the relationship. Once approved, the case is forwarded to the National Visa Center (NVC).

Visa Application – DOS – The NVC sends the case to the U.S. Embassy or Consulate, where the applicant will undergo a medical examination and present the required documentation and proof of financial support. If approved, the K-1 visa is issued, valid for up to six months and for a single entry.

Entry into the U.S. – CBP – Upon arrival, a CBP officer makes the final determination on admission.

Marriage – The couple must marry within 90 days of entry.

Adjustment of Status – USCIS – The foreign spouse then applies for permanent residence.

In addition, the K-1 visa holder may apply for employment authorization in the United States by submitting Form I-765.