K-1 visas, also known as “fiancé” or “fiancée” visas, serve as a bridge for couples separated by borders. The K-1 visa allows a foreign national to come to the United States (US) in order to marry their US citizen fiancée. K-1 visas are available to same-sex partners, regardless of whether the laws in the sponsored fiancé’s home country allow for sex-same marriage So how does one go about applying for a fiancé visa and what are the rules that can impact a couple’s success on their journey to love?
K-1 Visa Overview:
- Eligibility Criteria: To qualify for a K-1 visa, the petitioner (US citizen) and the beneficiary (foreign-born fiancé) must meet certain eligibility criteria. The petitioner must be a US citizen, intend to marry the foreign-born fiancé within 90 days of their arrival in the U.S., and both parties must be legally free to marry. Legal Permanent Residents (Green Card holders) are not eligible to petition for K-1 visas. Moreover, it is not possible to extend a K-1 visa as it automatically expires after 90 days.
- The Petition Process: Initiating the K-1 visa process involves filing a petition with the United States Citizenship and Immigration Services (USCIS). This petition serves as the foundation for the entire application and must be supported by evidence of the genuine nature of the relationship.
- Background Checks and Security Clearance: USCIS conducts thorough background checks on both parties to ensure the legitimacy of the relationship and to address any security concerns. It is crucial for couples to provide accurate and comprehensive information to avoid delays or denials.
- Consular Processing: Once the USCIS approves the petition, the case is transferred to the US embassy or consulate in the foreign fiancé’s home country. The beneficiary must then undergo an interview, and the consular officer will determine the visa eligibility based on the provided documentation and the interview.
Challenges of the K-1 Visas Process:
- Affidavit of Support: The U.S. citizen petitioner must demonstrate their financial ability to support the foreign fiancé by submitting an Affidavit of Support. This legal document ensures that the fiancé will not become a public charge in the United States.
- Proving Genuine Relationship: One of the most critical aspects of a successful K-1 visa application is providing evidence of a bona fide relationship. This can include photographs, communication records, and affidavits from friends and family attesting to the authenticity of the engagement.
- Recent in-person meeting: The couple must show evidence that they have met in person within the two years prior to applying.
- Medical Examination: The foreign fiancé is required to undergo a medical examination conducted by an approved physician. Any health issues that may pose a threat to public safety or result in inadmissibility could complicate the visa process.
Embarking on the journey to unite with a loved one through a K-1 visa involves navigating a complex legal landscape. At AVA, we understand the importance of this process and the profound impact it has on the lives of our clients. If you are considering or currently undergoing the K-1 visa application process, our experienced team is here to guide you through every step, ensuring a smooth and successful journey to love. Love should know no borders and we are ready to assist you to navigate the K-1 visa process in order to build a life together.
If you are interested in obtaining more information on K-1 visas, please contact Aspire Visa Attorneys at www.aspirevisaattorneys.com or (970) 680-1223. Our attorneys are authorized to practice immigration law in all 50 states and represent clients around the globe!
*Please be advised that this is not intended to be legal advice nor does engagement with this post create an attorney-client relationship.
Current as of February 12, 2024
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