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K-1 Fiancé(e) Visa

K-1 Fiancé(e) Visa

The K-1 visa is a hybrid visa that enables a U.S. Citizen to bring their foreign fiancé(e) to the U.S. with the intention of getting married and pursuing permanent residency.

In order to obtain a fiancé(e) visa a U.S. Citizen may file a petition with United States Citizenship and Immigration Service (USCIS) and must demonstrate:

  • The parties must have met in person within the past two years (in some cases this requirement can be waived);
  • They must have a good faith intention to marry; and
  • They must be legally able and willing to get married within 90 days of the alien’s arrival in the U.S.

After the petition has been approved, the fiancé(e) has 4 months from the time the petition was approved to obtain the K-1 Visa at the U.S. Consulate in the foreign country.

What if I didn’t meet my fiancé(e) within the past two years?

The requirement of a personal meeting within the past two years can be waived in some cases. If seeking a waiver, the applicant must show that complying with the requirement would result in extreme hardship to the U.S. citizen, or that complying would violate traditional customs in the alien’s home country. If the waiver is denied, the couple must personally meet and establish the requirement of personal meeting before refiling the K-1 petition.

What about the children of the K-1 beneficiary?

The beneficiary’s minor children should be included on the application, since they will be given derivative status and allowed to enter the U.S. with their parent.

What happens at the consulate when applying for the K-1 visa?

The K-1 applicant must pass a medical exam and not be subject to any grounds of inadmissibility. The K-1 applicant must also provide:

  • A valid passport;
  • Birth certificate;
  • Police certificates from each place the alien has lived since age sixteen;
  • Medical exam;
  • Evidence that they will not become a public charge; and
  • Evidence of termination of previous marriages, if not submitted with the petition application.

After the consulate receives these documents, they will conduct a background investigation and then schedule an interview. If the interview is successful, the beneficiary will be issued a visa. The beneficiary is given a copy of their petition and additional entry paperwork in a sealed envelope to present at the port of entry. The fiancé(e) will be admitted for 90 days. After admission, K-1 visa holders are not allowed to seek an extension of status, or to change to any other nonimmigrant classification. During the 90-day period of admission, the beneficiary must marry the U.S. citizen petitioner. After the marriage, the U.S. citizen spouse may file an application for adjustment of status for the beneficiary spouse.

If the marriage does not occur, the beneficiary must leave the U.S. within their 90-day period of authorized admission. If they fail to leave within this time, they become subject to deportation.

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Effective March 25, 2020, in response to “Stay at Home” orders Joseph & Hall PC is closed to the public and is now conducting nearly all of its operations remotely during the COVID-19 health crisis through April 18th.

We continue to have a limited number of staff in our office to perform basic operations such as assembling and filing petitions, receiving and distributing mail and issuing checks. We are grateful to be in a business that is conducive to remote work and for all of your patience and support.  Our lawyers and paralegals are here to answer the array of questions that continue to arise daily and will keep you informed during these rapidly changing times.  We will hold telephonic or video meetings rather than in-person meetings.  These meetings can be done by SKYPE or Zoom Conference call so that you can continue to interact with your legal team, face-to-face.

We remain committed to delivering outstanding client services.  We do have one important request – please do not come into the office in person for your health and safety and that of our employees.  Please mail or email all documents to our office.  Also, you can make any required payments online at https://vpspay.com/p/3 or make them over the phone by calling 303-297-9171 or by mail.  Please stay healthy!

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