K-1 Visa – Fiance of US Citizen

K-1 Visas

  • Fiance (“K-1″) of US Citizen (“Petitioner”).
  • K-1 seeks entry into the United States with an intention to marry.
  • Marriage must happen to petitioner within 90 days of arrival.
  • K-1 and petitioner must have met each other in-person within past 2 years, unless can prove “extreme hardship” to meet in-person, or the in-person meeting in any way would “violate strict and long established customs of the K-1’s foreign culture and social practice” (for e.g. society where arranged marriage is more prevalent)

Key Facts:

  • Petitioner must file I-129F petition with USCIS.
  • Petition is valid for 4 months after approval from USCIS.
  • K-1 can file Adjustment of Status (“AOS”), if the marriage to petitioner happens with 90 days of arrival.
  • Petition and/or visa may be denied, where petitioner has filed for 2 or more fiances in the past, and the previously approved petition was filed within 2 years.
  • Petitioner’s criminal history/record needs to be disclosed to USCIS, at the time of filing the petition.
  • Petition is automatically revoked where petitioner dies or withdraws petition.
  • K-1 can file for AOS, notwithstanding death of petitioner, if she married petitioner within 90 days of arrival.
  • K-1 can obtain LPR (Lawful Permanent Resident) status even if parties divorced after marrying within 90 days of arrival, as long as AOS filed before the divorce.
  • K-1 cannot adjust status based on grounds other than marriage to K-1 petitioner.
  • K-1 can work with an EAD.
  • K-1 can be approved, even if fiance is in deportation, and has been granted “voluntary departure”.

K-1 Dependents:

  • Minor Children of K-1 can accompany as K-2.
  • K-2 can adjust status even if over 18 at the time the parent marries the US Citizen, since she is not a step-child but rather a child (under 21) of the K-1.
  • K-2 can work with an EAD.