K Visas For Fiances And Fiancees

There are three basic requirements to receive a K visa:

• The parties must have met in person within the past two years (in some cases this requirement can be waived)
• They must have a good faith intention to marry
• They must be legally able and willing to get married within 90 days of the alien's arrival in the U.S.

An application is filed at the INS Service Center with jurisdiction over the place where the U.S. citizen lives. The alien's minor children should be included on the application, since they will be given derivative status and allowed to enter the U.S. with their parent. The application must include proof of the petitioner's U.S. citizenship and proof that each party is legally able to marry (e.g divorce decrees).

Once approved, the petition remains valid for four months. In the event that the alien does not enter the U.S. in that period, it can be revalidated by either an INS district officer or a State Department consular officer for another four-month period, so long as the parties are still free to marry and intend to marry.

In determining whether to issue the K visa, the State Department approaches the applicant like they are applying for an immigrant visa. They must pass a medical exam and not be subject to any grounds of inadmissibility. For example, people who have had a J visa and are subject to the two-year home residency requirement are not eligible for a K visa until serving the residency requirement or having it waived. Also, the State Department requires the following documents to be submitted:

• A valid passport
• Birth certificate
• Police certificates from each place the alien has lived since 16
• Medical exam
• Evidence that they will not become a public charge
• Evidence of termination of previous marriages, if not submitted with the petition application

After receipt of these documents, the Consulate will conduct a background investigation and then schedule an interview. If the interview is successful, the beneficiary will be issued a visa on the spot at no charge. The beneficiary is given a copy of their petition in a sealed envelope to present at the port of entry. The alien will be admitted for 90 days, during which time they are authorized to accept employment in the US. Aliens admitted in K-1 status are not allowed to seek an extension of status, or to change to any other nonimmigrant classification. During the 90-day period of admission, the alien must marry the U.S. citizen who petitioned. After the marriage, the U.S. citizen spouse should file an application for adjustment of status for the alien spouse.

If the marriage does not occur, the alien must leave the U.S. within their 90-day period of authorized admission. If they fail to leave within this time, they become subject to deportation.