K-1 Fiancé Visa USA

The K-1 Fiancé Visa is a temporary visa that allows a U.S. citizen to bring to the USA their fiancé who is a citizen of another country in order to get married. The K-1 Fiancé Visa has become popular through the American television series 90 Days Fiancé which is based on the K-1 Fiancé Visa process.

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A U.S. citizen can bring their foreign fiancé to the United States on a K-1 Fiancé Visa to get married in the United States. The marriage must take place within 90 days from the day the U.S. citizen’s fiancé enters the U.S. on a K-1 Visa. If the marriage occurs within the 90 days, then the fiancé can apply for lawful permanent residence (Green Card). The foreign fiancé cannot qualify for a K-1 Fiancé Visa if the there are plans for the marriage to take place outside of the United States. Children of K-1 Visa applicants can come to the U.S. on a K-2 visa.

To obtain a K-1 Visa for the foreign fiancé, the U.S. citizen must act as sponsor and petition to bring the fiancé to the United States with USCIS. The petition must be accompanied by supporting documents. The process for applying and obtaining a K-1 Visa involves various U.S. government agencies, including USCIS, the U.S. Department of State and U.S. Customs and Border Protection and the fiancé must attend a visa interview at the U.S. Embassy in his or her home country.

In order to be eligible to apply for the K-1 Fiancé Visa, a U.S. citizen must meet a number of minimum requirements as follows.  

1. The petitioner or sponsor for the K-1 Visa is a U.S. citizen.

2. The U.S. citizen and the foreign fiancé are not married at the time of the application and after and any previous marriages have been terminated prior to the K-1 Visa application.

3. The U.S. citizen and foreign fiancé both intend to marry each other within 90 days of the fiancé’s admission to the United States.         

4. The U.S. citizen and foreign fiancé have met in person at least one time during the 2 years prior to the application for the K-1 Fiancé Visa. It is possible to request a waiver of the in-person meeting requirement only in limited circumstances, including extreme hardship for the U.S. citizen or if it violates the customs of the fiancé’s foreign culture.  

After the fiancé receives the K-1 Visa and travels to the U.S., he or she can apply for work authorization and can work in the United States once the work authorization is approved. The work authorization is valid for 90 days from the day of entry into the U.S.  

Contact our experienced immigration attorneys in Miami, Florida to schedule an appointment for your K-1 Fiancé Visa case and find out more about the Fiancé Visa and other USA visa options available to you. Our immigration attorneys can assist you with your K-1 Fiancé Visa application and process before the USCIS and the U.S. Consulates and Embassies abroad.  

Malescu Law P.A. – Business & Immigration Lawyers