The K-1 visa is a nonimmigrant visa for fiancées of U.S. citizens who wish to enter the U.S. to marry and file for permanent residency through adjustment of status. You can learn more about adjusting status here. The couple must plan to marry within 90 days of the K-1 visa holder’s entry into the U.S. and must have met in person within two years of filing the petition.
Learn more about the K-1 visa here.
Applying for a K-1 visa requires both submitting an application with U.S. Citizenship and Immigration Services (USCIS) and completing consular processing at a U.S. consulate abroad. The original petition to USCIS must be submitted by the U.S. petitioning fiancé/e. Once the petition is approved, the petition and approval notice are transferred to the requested U.S. consulate for processing. Our attorneys are available to assist clients with preparing for both the USCIS petition and the consular process.
The most important information for the K-1 petition is evidence is evidence that the couple’s relationship is real, and not for immigration purposes. Applicants must also provide evidence the couple has had an in-person meeting within the two years preceding the filing. This can include statements by the couple, evidence of airline tickets and itineraries, and/or passport stamps.
Additionally, the couple must provide evidence that they intend to marry within 90-days of the K-1 visa holder’s entrance to the United States. This can include statements of intent by the couple and wedding invitations.
If either party was previously married, copies of divorce decrees or other evidence of the terminated marriage should also be submitted.
If you are interested in pursuing a K-1 visa, feel free to contact Delgado Rompf Bruen here to schedule a consultation. Delgado Rompf Bruen is also available to assist with the adjustment of status application of the K-1 visa holder.