Category Archives for "K1 Finance"

How to bring your Fiancee to the United States

K1 Finance

How to bring your Fiancee to the United States

That is the age old question top of mind for anyone that has falling in love with a guy or girl that is not a United States citizen or is not presently living in the United States. The process can seem very overwhelming to the untrained person. Don’t be fooled into thinking that all you have to do is fill out the forms and send them in to the agency. That approach will get your petition delayed at best or denied at worst.

For starters, your foreign born fiancee needs permission from the USCIS to enter the United States. But, long before you get to the point of submitting a petition packet to ask for permission several keep requirements that must be present.

There are a number of requirements that apply for a K-1 visa for your fiancee:
  1. You must be a U.S. citizens to apply for your foreign born fiancee;
  2. You must have met your fiancee in person within the past 2 years or you are eligible for a waiver based on an exception;
  3. You and your fiancee are both free to marry any any previous marriages must have been legally terminated by divorce, death or annulment;
  4. You intend to marry within 90 days of your fiancee entering the United States; and
  5. You must met certain financial threshold requirements

Once the K-1 petition is approved and the visa issued your fiancee is allowed to enter the U.S. for 90 days. During that 90 days period the marriage ceremony must take place. If for some reason the marriage does not take place within the first 90 days your fiancee will have to exist / leave to U.S.. Unlike other visa categories where the beneficiary is allowed to apply for another nonimmigrant visa, your fiancee will not be allowed to switch to another nonimmigrant visa.

The K-1 visa application is essentially a two step process:
  1. The first process involves submitting an application packet to the USCIS, once the application is approved, then
  2. The approval notice is sent to the U.S. Embassy in your fiancee’s native country or whatever Embassy has jurisdiction over the process. You fiancee will be asked to complete a large application packet, submit to finger printing and obtain a medical exam by a designated physician. An in person interview will also be required before a visa is granted.

The second step in the process can be problematic for individuals. The important thing to keep in mind to consult with you representative to make sure you are prepared for the interview, and of course, tell the truth.

The entire process generally takes approximately 5 to 8 months to complete. The exact time will depends on where you live and the embassy processing the application.

Fiancee Visa Process / Overview

K1 Finance

Fiancee Visa Process Overview

As a US citizen, what do you do if you want to marry the love of your life and that person happens to be a foreign national living outside the United States? How do you get them in the United States if you plan to marry them.

The application process is generally not very lengthy and the eligibility process is not as complex as other family based Visas. If you petition for a fiancé(e) visa you must show that:

1.   you are a US citizen,

2.   you intend to marry your fiancé(e) within 90 days of entering the United States,

3.    both parties are free to marry and not encumbered by any previous marriages, and 4.) you have met each other in person at least once within the last 2 years. Except, strict religious customs, cultural or social practices prohibit meeting or meeting in person would result in extreme hardship to you.

Additional Action is Required

Once all hurdles are cleared, the finance(e) is issued a K-1 nonimmigrant Visa to enter the United States for 90 days. The marriage must take place within those 90 days. After you are married, your spouse may apply for permanent residence and remain in the United States while the application is being processed.

Your spouse can apply for an authorization to work in the United States. If your spouse has a child (or children) under the age of 21 and unmarried, a K-2 nonimmigrant Visa maybe available to them. Just make sure to include the names of the children on the petition for your fiancé(e).

The fiancé(e) Visa status will only be valid for 90 days and will automatically expire.

90 Days Valid for 90 Days

No extension will be granted, and your fiancé(e) will not be allowed to switch to another Visa category. Your fiancé(e) must leave the US if the marriage does not take place within 90 days of entering the United States. Failure to leave may result in removal (deportation) and/or could affect future eligibility immigration benefits.