K1 Fiancé Visa
A K1 Fiancé Visa is a nonimmigrant classification designed to facilitate a fiancés admission into the United States. This Visa includes the fiancé(e) of a US citizen and his or hers unmarried children under 21 years of age (K2 Visa). The K1 Fiancé nonimmigrant is allowed to enter the United States and, under certain conditions, apply for Lawful Permanent Residence. Essentially, the K1 Fiancé Visa allows the fiancé(e) of a United States citizen petitioner to enter the United States for a 90-day period to marry the petitioner and apply for permanent residence.
K1 Visas are granted subsequent to approval by U.S. Citizenship and Immigration Services of I-129F Petition for Alien Fiance(e), based on the proof of satisfactory evidence that the parties (1) have previously met in person within 2 years of the date of filing the petition, unless a waiver is granted, (2) have a bona fide (good faith) intention to marry, and (3) are legally able to conclude a valid marriage in the US within 90 days after the fiancé(e) arrival. However, if marriage does not occur within 90 days, the fiancé(e) of a United States citizen is required to depart, and failure to do so will render he or she removable.
Additionally, couples with significant cultural differences, language barriers, or unusual age difference should expect to have a higher level of scrutiny from consular officers. It is important that visa applicants are well prepared for the consular interview and can document the good faith of their relationship.
If you or someone you know needs assistance in obtaining a K1 Fiancé Visa, or if you have questions regarding K1 Visas documentation requirements, specific application policies, processing time line and visa interview, please contact the Law Offices of Jack Herzig so that we may serve you with your legal needs.
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