What are the criteria for a K-1 visa:

• Fiancé(e) of a US citizen (petitioner)
• An LPR (legal permanent resident) does not qualify as the petitioner for a fiancé visa
• Seeking to enter only to conclude a valid marriage to the petitioner
• Must marry within 90 days after your admission to the States under K-1 status
• Minor children of fiancés (k-2) can accompany them

The couple must have met in person in the past two years of filing the fiancé K-1 petition with US Immigration.   Our office normally documents meeting in person with not only photographs as evidence, also flight tickets, hotel bookings, and admission stamps in your passport to show that you each were in the same country, thereby showing that you have physically met one another in person.

Waiver on fees:

If you can show extreme hardship to the petitioner or it would violate customs to the beneficiary’s foreign culture, then USCIS may waive the in-person requirement.  Financial hardship by itself will not be considered by USCIS enough to warrant a waiver for extreme hardship.

A fiancé visa process:

• An I-129F petition is filed with USCIS. They can be strict on rejecting these cases if minor mistakes are made on the forms.  USCIS must see evidence of the intent to marry within 90 days of the fiancé’s entry.  There can be no legal impediments to marriage (such as already being married without a final divorce decree from a prior marriage).
• Once U.S. immigration approves the I-129F petition, the consulate will send you what’s called a ‘notification of readiness’. There are various things you have to fill out on this form otherwise the consulate will deny and not schedule an interview. It must be filled out correctly or the consulate will reject your application. Before you attend your consulate interview, you must also attend a medical examination (please listen to our audio on medical examinations/panel physician). None of our clients will ever go to a US consulate without being prepared by Caro.   The officer has too much power to deny your case!
• A fiancé visa is granted for four months, it may be revalidated in 4-month increments.
• After entry to the US under the fiancé visa, and married within the 90 days you then file for your adjust status application with USCIS for your green card.

Adjustment of Status (AOS) – when can I file for my green card:

To AOS the K-1 must marry within 90-day period.  The K-1 cannot marry any other US citizen spouse other than the original Petitioner under the K-1.  Once the green card is approved, it will be approved for a 2-year period as the marriage was less than two years at the time of filing for the green card.  The beneficiary will have a conditional two-year green card.  Listen to our audio on how to remove this condition and the strict consequences if not timely filed.

K-1 cannot change status (C/S):

The K-1 applicant cannot change status to another K status with someone else;  or change status from the K-1 status to a different visa classification.

Death of Petitioner:

If the petitioner dies, then so does the fiancé K-1 visa.  However once married (within ninety days), the beneficiary may apply for adjustment of status notwithstanding the petitioner’s death.  This may be done without filing an I-360 petition.

Divorce before adjustment:

If the parties divorce after marrying within the 90-day period and after filing the AOS, the K-1 may still obtain LPR status.

K-2 dependent children:

The K-2 can adjust status if over the age of 18 years at the time their parent marries the USC.  Note if the K2 is under 18 years at the time of marriage and needs CSPA, the USC step-parent can file an I-130 petition for alien relative for the K2.

Reasons why the K-1 visa will not be issued:

• The marriage is not legal
• Prior petitions denied
• Beneficiary is inadmissible (a waiver may be granted. This is not an NIV waiver; it is an IV waiver)

USCIS may or may not call you for a green card marriage interview; this depends on several factors.  Listen to our K-1 audios on K-1 interviews at the consulate and the types of evidence to file for a green card.