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K-1 Fiance

Description

K-1 visa is for foreign nationals to come to the U.S.A. to marry a U.S. citizen and reside in the U.S.A.


Requirements

    The main requirements for the K-1 visa are the following:
  1. The sponsoring fiancé is a U.S. citizen.
  2. The foreign national and the U.S.citizen are legally free to marry, as indicated by death or divorce certificates of previous spouses, if applicable.
  3. The foreign national and U.S. citizen intend to marry within 90 days of arrival into the U.S.A.
  4. Evidence that the two have met within the past two years and have a relationship, or evidence that the couple could not meet because it would have created a hardship or that their religion prohibits them from meeting prior to their marriage.

Family members

The minor, dependent children of the K-1 holder are entitled to K-2 dependent visas as long as the children are named in the K-1 visa petition. A separate petition is not required if the children accompany or follow the K-1 within one year from the date of issuance of the K-1 visa. After that, a separate petition is required. .

Employment

K-1 visa holders are eligible for work authorization for 90 days after entry. After they marry their U.S. fiancé and file for lawful permanent residence, they must apply to INS for work authorization.

Duration of Visa

K-1 visa is valid for 90 days from entry into the U.S.A. The K-1 fiancé and U.S. citizen must marry within 90 days of the K-1's entry into the U.S.A. and then apply for the K-1's permanent residence (green card).

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