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K VISA CATEGORY

The Fiancé(e) of the United State Citizen who like to come to the U.S. to get marry needs to obtain a K-1 Visa.

PETITION

First the American citizen must file a petition, Form I-129F, Petition for Alien Fiancé(e), with the Immigration and Naturalization Service (INS) having jurisdiction over the place of the petitioner's residence in the United States. Such petitions may not be adjudicated abroad. INS will forward the approved petition to the American consular office where the alien fiancé(e) will apply for his or her visa. A petition is valid for a period of four months from the date of INS action, and may be revalidated by the consular officer.

APPLYING FOR A FIANCÉ(E) VISA

The consular officer will notify the beneficiary when the approved petition is received and provide the beneficiary the necessary forms and instructions to apply for a "K" visa. A fiancé(e) visa applicant is an intending immigrant and, therefore, must meet documentary requirements similar to the requirements of an immigrant visa applicant. The following documents are normally required:

  • Valid passport
  • Birth certificate
  • Divorce or death certificate of any previous spouse
  • Police certificate from all places lived since age 16
  • Medical examination
  • Evidence of support
  • Evidence of valid relationship with the petitioner
  • Photographs*

*Two photographs 1 and 1/2 inches square (37x37mm), showing full face, against a light background.


OTHER INFORMATION

Both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past two years unless the Attorney General waives that requirement. As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiancé(e).

Upon arriving into the U.S. the alien fiancé(e) must apply for work authorization with the INS. The marriage must take place within 90 days of admission into the United States. Following the marriage, the alien spouse must apply to the INS to establish a record of entry for conditional permanent residence status. After two years, the alien may apply to the INS for removal of the conditional status.

 

 

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