K - 1 Fiance Visas

Purpose

• Enter the United States to marry a United States citizen within 90 days of admission and thereafter apply to adjust status to a lawful permanent resident.

Procedure

• Apply for a K-1 visa at a U.S. Consulate.

Pro

• Fast processing times at the U.S. Citizenship and Immigration and U.S. Consulate levels.

Con

• No way to extend K-1 status of the marriage does not take place within 90 days of the admission.

Points of Interest

• Although the K-1 is technically considered a nonimmigrant visa, the U.S. Department of Homeland Security and the U.S. Department of State recognize that the fiance of a U.S. citizen is, in actuality, an intending immigrant. As such, the visa application is processed more like an immigrant visa ("green card") rather than a nonimmigrant or temporary visa.
• The K-1 visa allows for a single admission to the United States . Following the admission, the parties must marry within the proscribed time period and then file the necessary paperwork to adjust the foreign national's status to that of a lawful permanent resident. An application for special travel permission, referred to as "advance parole", should be included with this paperwork. Advance parole is generally granted within 90 days. Without the advance parole, the foreign national cannot travel unless and until the USCIS approves the adjustment application. If the foreign national travels without permission, the pending application will be considered abandoned and there may be no way to gain reentry to the U.S. without first obtaining an immigrant visa from a U.S. Consulate.
• Following the K-1 admission, the adjustment paperwork can also include an application for work authorization. Similar to advance parole, the work authorization is also generally granted within 90 days.
• If the K-1 applicant has minor children, the State Department will allow the children to either accompany the parent or follow to join. Upon proof of the parent/child relationship and assurance that the other biological parent has no objection to the child's immigration to the United States , the child will be issued a K-2 visa. The K-2 visa may be issued up to one (1) year after the issuance of the K-1 visa even if the K-1 is married and has already adjusted status.