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K-1 Fiancé(e) Visa
When a U.S. citizen intends to marry a foreign person, but wishes to bring the fiancé(e) to the U.S. before marrying, he/she can obtain a K-1 Fiancé(e) Visa, which allows the foreign fiancé(e) to come to the U.S. to marry the U.S. citizen.
| In order for the foreign fiancé(e) to qualify, the following requirements must be satisfied: |
| the parties must have met personally within the previous two years; |
| both parties must be free to marry and intend to do so within ninety days of the foreign fiancé(e) entering the U.S. |
The foreign fiancé(e) may bring along children from a previous marriage under a K-2 visa.
The procedure for applying for this visa is that the U.S. citizen files a petition for the foreign fiancé(e) with Citizenship and Immigration Services (CIS). Once this petition is approved, the U.S. consulate in the country of residence of the foreign fiancé(e) is notified by the CIS, and the foreign fiancé(e) submits a visa application to obtain the visa. Upon arrival in the US, the visa is valid for the ninety days, during which the U.S. citizen and the foreign fiancé(e) are expected to marry.
| Additional advantages of the K-1 Visa |
| With the K-1 visa, it is not a problem that the foreign fiancé(e) enters the U.S. under a non-immigrant visa (namely the K-1 Visa),and intends to immigrate. |
| If a U.S. citizen and a foreign fiancé(e) intend to marry in the U.S., and the foreign spouse enters the US with a B-2 tourist visa or under the Visa Waiver Program (without a visa), the foreign fiancé(e) can be accused of preconceived intent or visa fraud. (This can have serious adverse effects on the subsequent green card case pursued by the foreign spouse). Therefore, it is important for a U.S. citizen and foreign fiancé(e) who intend to marry, to pursue either a K-1 Fiancé(e) Visa or else the K-3 Spouse Visa. For further information on the K-3 Spouse visa, please see the K-3 Visa page! For further information on the green card process for spouses of U.S. citizens, please read our page on the Green Card Petitions for Relatives of U.S. Citizens. |
The information above is intended as a general description. Each individual's case requires specific advice and our firm offers an introductory consultation to review your case, the cost of which can be rebated against any retainer. We can assist you in getting settled in any U.S. state.
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| Main Office: 2020 Cattlemen Road, Suite 100 Sarasota, Florida 34232 Phone: Fax: |
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South Office: 13180 N. Cleveland Avenue, Suite 112 N. Fort Myers, Florida 33903 Phone: Fax: |
© 2003 Anthony Olson, P.A. All logos and trade marks or names are the property of their respective owners and are used for identification purposes only. Page uploaded 11/27/2007.
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