K1 Visa Secrets bring your life partner to your home country
K1 Visa Secrets
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Please note: Your fianc‚(e) may enter the United States only one time with a fianc‚(e) visa. If your fianc‚(e) leaves the country before you are married, your fianc‚(e) may not be allowed
back into the United States without a new visa.
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fianc‚(e) classification (K-1) for their fianc‚(e). You and your fianc‚(e) must be free
to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fianc‚(e) in person
within the last two years before filing for the fianc‚(e) visa. This requirement can be waived only if meeting your fianc‚(e) in person would violate long-established customs, or if meeting
your fianc‚(e) would create extreme hardship for you. You and your fianc‚(e) must marry within 90 days of your fianc‚(e) entering the United States.
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A fiancee visa is granted for a 90 days prior to intended marriage based on a proven relationship with a citizen of the destination country..
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Some fiancé(e)s think they might want to get married, but are not 100% certain, and need more time to get to
know each other or to adjust to the new country. The fiancé(e) may qualify for a visitor visa if the intention
is not to get married in the USA (but to come and go and get married in another country, to return again on an
immigrant visa). However, by applying for a K-1, the foreign fiancé(e) may be much more open about their
intentions since the purpose of the visa is to allow a foreign citizen to remain in the United States for 90
days to get married, with the idea of living and working legally after marriage. If the intent to marry is
made clear enough, and something does happen that makes the couple decide not to marry, then the fiancé(e) may
leave the country without repercussions. However, in the case that the couple marry after entry on another type
of temporary visa, there are some penalties under the law. In many cases the marriage will be upheld and
immigrant status granted to the foreign spouse, but sometimes the foreign spouse risks being deported. Limitations
have also been put into place to discourage marriage by visitors on other visas. For example, a K1 visa may
not be issued to a recent student visitor (to discourage foreigners being students merely for the purpose of
meeting US spouses). Though the K1 visa may take more time in planning, it minimizes risks that wedding plans
will be scuttled at the last moment by a denial of admission.
You may also apply to bring your fianc‚(e)'s unmarried children, who are under age 21, to the United States.
After arriving in the United States, your fianc‚(e) will be eligible to apply for a work permit. (You should note that INS might not be able to process the work permit within the 90-day time
limit for your marriage to take place.) If your fianc‚(e) applies for adjustment to permanent resident status, your fianc‚(e) must re-apply for a new work permit after the marriage.
By law, a fiance(e) petition can only be filed in the United States at an office of the Immigration and Naturalization Service (INS). The petitioner must be a U.S. Citizen.
The fiance(e) petition (Form I-129-F) and two G-325-A biographic information forms. You must fill out completely both the petition and biographic information forms. Your fiance(e) will
be required to present the supporting financial documents at the time of his/her visa interview.
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Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the
interview. Original documents can then be returned to you.
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