K-1 Visa

The Immigration and Nationality Act provides a nonimmigrant visa classification known as a “K-1 visa″ for aliens coming to the United States to marry American citizens and reside here. When filing a K-1 Visa, there are many factors the USCIS takes into account before approval.  However, the approximate processing time is usually between 3 to 6 months from initial filing to a fiancé’s arrival.

To establish a K-1 visa classification for an alien fiancée, an American citizen must file a Petition for Relative or Fiancée, with the United State Citizenship and Immigration Service (USCIS) having jurisdiction over the place of the petitioner’s residence in the United States.  Such petitions may not be adjudicated abroad.  The approved petition will be forwarded by USCIS to the American consular office where the alien fiancée will apply for his or her visa.  A petition is valid for a period of four months from the date of USCIS action, and may be re-validated by the consular officer.

In some instances, applicants may be refused a visa for specific reasons.  These include:

Applicants who have a communicable disease, or have a dangerous physical or mental disorder; are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution; are likely to become a public charge; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship

If the USCIS approves a petition, upon receipt of said approved petition, the American consular officer will notify the beneficiary and give him or her the necessary forms and instructions to apply for a “K” visa.  Since a fiancée visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant.

In addition to the prescribed application forms, the following documents are normally required:

Valid passport

Birth certificate

Divorce or death certificate of any previous spouse

Police certificate from all places lived since age 16

Medical examination

Evidence of support

Evidence of valid relationship with the petitioner

Photographs

 In addition, both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States.  The petitioner and beneficiary must have previously met in person within the past two years unless the Attorney General waives that requirement.   As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiancée.  If found eligible, a visa will be issued, valid for one entry during a period of six months.

As always, if you have any questions, please feel free to call us at (516) 858-2620 to speak to an Immigration attorney!  The Law Firm of Vaughn, Weber & Prakope, PLLC will be glad to be of assistance in any Immigration matters you may have.