For Entry & Marriage Within 90 Days
§§ 214(k)(1) the
Immigration and Nationality Act of 1990 ("Act"), Pub.
L. No. 104-649, __ Stat. __,
8 U.S.C. § 1101(a)(15)(K)
8 C.F.R. § 214.2(k) (1998)
Copyright © 1999 VIKRAM BADRINATH, P.C. All rights reserved.
The K-1 Fiancee or Fiancé Visa allows foreign national potential spouses of United States citizen to enter the United States for the sole purpose of marriage. The marriage between the foreign national and United States citizen must take place within ninety (90) days of entry into the United States. In this regard, it should be noted that the actual visa expiration is insignificant as long as a foreign national has complied with the terms of the visa.
Dependents such as minor children, only, who accompany the K-1 holder are eligible for K-2 status. K-2 status is depending upon the primary visa holder, and therefore is subject to cancellation or revokation upon expiration of the primary visa holder.
In order to be eligible for K-1 status, a foreign national must provide proof that:
The K-1 Visa is normally valid for a period of four (4) months. The Petition may be revalidated for an additional four (4) months. There is, however, no extension of stay. See 8 C.F.R. § 214.1(c)(3). However, a K-1 petition is automatically terminated when the Petitioner dies or voluntarily withdraws the petition. A K-1 or K-2 nonimmigrant is eligible to receive employment authorization after filing a petition for same.
Prior Approval by U.S. INS: The petitioner must usually file a petition with the U.S. INS on Form I-129F, and not with a U.S. Consulate. The Petition, Form I-129F, is normally filed in the jurisdiction of the U.S. INS where the Petitioner resides. Once a petition is approved, the Petitioner will be notified by mail on Form I-797C, Approval Notice listing the validity dates of the petition. The Petition is then forwarded to the U.S. Consulate nearest the desired Port of Entry of the Beneficiary. e
"Entry" Approval by Consul: Although the U.S. INS may have approved a Fiancee Visa Petition, this is not the end of the inquiry. The U.S. Consulate must independently determine that the foreign national would be eligible to receive an immigrant visa before final approval can be made on any K-1 visa. This means that a U.S. Consular official will review all of the grounds of admissibility to the United States to determine whether or not there are any reasons for denial of the visa. See Consular Processing. This does not mean, however, that a foreign national K-1 applicant must complete a medical examination (vaccinations, etc.) before final approval and issuance of a K-1 visa.
Once a K-1 visa holder enters the United States and the marriage takes place, the normal procedure is to file for Adjustment of Status with a local U.S. INS office. See Adjustment of Status In this regard, since the marriage is less than two (2) years old, the Beneficiary will only receive a Conditional Permanent Resident Status and must file a special petition to have the conditions removed within three (3) months of the date of the second anniversary of the adjustment. See Petition to Remove Conditions A K-1 visa holder may not adjust status on any other ground other than marriage. See § 245(d), 8 U.S.C. § 1255(d).
For more information about K-1 Fiancee or Fiancé Visas, please contact us by email, telephone, or fax or schedule an appointment to have your individual case discussed and analyzed by an attorney.