Fiance(e) K-1 Visa
(I-129F, Petition for Alien Fiance(e))
Fiance(e) K-1 Visa is a non-immigrant visa that allows Fiance(e)s of U.S.
Citizens to travel to the United States so that they can get married. The
marriage must take place within 90 days of the fiance(e)'s arrival in the
United States. Children of the Fiance(e) may travel along with their
parent to the United States on a K-2 Visa. Once in the United States, the
fiance(e), after the marriage (now the spouse of a U.S. Citizen), may
adjust their status.
Requirements:
2 Passport Photos (one of the petitioner, one of the beneficiary)
2 Original Statements of Intent to Marry
(one by the petitioner, one by the beneficiay)
2 G-325As (one by the petitioner, one by the beneficiary)
Evidence that you have met in person within the last 2 yrs
(photos, copies of travel itinery, copies of travel tickets, etc)
Proof that Prior Marriages Terminated (if any)
Proof of U.S. Citizenship
(Birth Certificate, Passport, Naturalization Certificate, etc)
Criminal Records (if any)
The Immigration and Nationality Act (INA) provides a nonimmigrant visa
classification, Fiancee Visa K1, for foreigners coming to the United
States to marry U.S. citizens and reside in the U.S.
If your fiancee is not a citizen of the United States and you plan to get
married in the United States, then you must file a visa petition with USCIS
on his/her behalf. After the visa petition is approved, he/she must obtain a
fiancee visa issued at a U.S. Embassy or consulate abroad. The
marriage must take place within 90 days of him/her entering the United
States. If the marriage does not take place within 90 days or your fiance
marries someone other than you, he/she will be required to leave the
United States. Until the marriage takes place, your fiance is considered a
nonimmigrant. A nonimmigrant is a foreign national seeking to
temporarily enter the United States for a specific purpose. A fiancee may
not obtain an extension of the 90-day original nonimmigrant admission.
If your fiancee intends to live and work permanently in the United States,
he/she should apply to become a permanent resident after your
marriage. (If your fiance does not intend to become a permanent resident
after your marriage, your fiance/new spouse must leave the country within
the 90-day original nonimmigrant admission.)
Who is Eligible for the Fiancee K1 visa
- U.S. citizens who will be getting married to a foreign national in
the United States may petition for their fiancee.
- You and your fiancee must be free to marry. This means that both
of you are unmarried, or that any previous marriages have ended
through divorce, annulment or death.
- You must also have met him/her in person within the last two
years before filing for the visa. This requirement can be waived
only if meeting your fiancee in person would violate long-
established customs, or if the meeting requirement would create
extreme hardship for you.
You may also apply to bring your fiancee's unmarried children, who are
under age 21, to the United States.
Will My Fiancee Get a Work Permit?
After arriving in the United States, your fiance will be eligible to apply for a
work permit. You should note that USCIS might not be able to process
the work permit within the 90-day time limit for your marriage to take
place.
Spousal K-3 Visa
(I-129F, Petition for Alien Fiance(e))
Spousal K-3 Visa is a non-immigrant visa that allows Spouses of U.S.
Citizens to travel to the United States to be with their spouse while the
USCIS processes their I-130, Petition for Alien Relative. Children of the
spouse may travel along with their parent to the United States on a K-4
Visa. Once in the United States, the spouse may adjust their status.
Requirements:
Notice of Receipt from USCIS (that I-130 Petition is being processed)
Marriage Certificate
Proof of U.S. Citizenship
(Birth Certificate, Passport, Naturalization Certificate, etc)
The Legal Immigration Family Equity Act and its amendments (LIFE Act)
established a new nonimmigrant category within the immigration law that
allows the spouse or child of a U.S. citizen to be admitted to the United
States in a nonimmigrant category. The admission allows the spouse or
child to complete processing for permanent residence while in the
United States. It also allows those admitted in the new category to have
permission for employment while they await processing of their case to
permanent resident status.
Who is Eligible?
A person may receive a K-3 visa if that person:
- has concluded a valid marriage with a citizen of the United States;
- has a relative petition (Form I-130) filed by the U.S. citizen spouse
for the person;
- seeks to enter the United States to await the approval of the
petition and subsequent lawful permanent resident status, and,
- has an approved Form I-129, Petition for Alien Fiance, forwarded
to the American consulate abroad where the alien wishes to apply
for the K-3/K-4 visa. The consulate must be in the country in which
the marriage to the U.S. citizen took place if the United States has
a consulate which issues immigrant visas in that country. If the
marriage took place in the United States, the designated
consulate is the one with jurisdiction over the current residence of
the alien spouse.
- A person may receive a K-4 visa, if that person is under 21 years
of age and is the unmarried child of an alien eligible to be a K-3.
How Do I Apply?
So that the alien spouse and child may apply for a K-3 nonimmigrant visa
for a spouse and a K-4 nonimmigrant visa for a child, the citizen must file
Form I-130 on behalf of the alien spouse with the applicable Service
Center having jurisdiction over the citizen’s place of residence. The
citizen petitioner will then receive a Form I-797, Notice of Action,
indicating that the I-130 has been received by the USCIS. The citizen
should then file a copy of this I-797, along with a Form I-129F on behalf of
the alien spouse and any children.
Petitioners should be careful to follow all instructions on each form and
provide the Service with all necessary documentation. Following
adjudication of the Form I-129F, the petition will be forwarded to the
applicable consulate so that the alien beneficiary or beneficiaries may
apply to the Department of State for nonimmigrant K-3/K-4 visas.
Will I Get a Work Permit?
Persons in K-3 or K-4 status and applicants for adjustment to permanent
resident status from K-3 or K-4 are eligible to apply for a work permit
while their cases (Form I-130 or Form I-485) are pending. You should
use USCIS Form I-765 (Application for Employment Authorization) to
apply for a work permit.
You do not need to apply for a work permit once you adjust to permanent
resident status. As a lawful permanent resident, you should receive a
permanent resident card that will prove that you have a right to live and
work in the United States permanently.
Can I Travel Outside the United States?
If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-
4 nonimmigrant visa to travel outside of the United States and return,
even if you are applying for adjustment of status simultaneously.
Family IR-1 Immigrant Visa
Unlike non-immigrant visas such as K-1, K-2, K-3, K-4, and etc, the IR-1
Immigrant Visa allows for the spouse of a U. S. Citizen to enter the United
States after U.S. Consular Processing. Upon entry into the United States,
they may process their Permanent Residency /Adjustment of Status.
Children of IR-1 Immigrant Visa beneficiaries may also apply for an IR-1
Immigrant Visa that will allow them to travel to the United States as well.
Requirements:
I-130 Petition for Alien Relative
I-864 Affidavit of Support
Medical Exam
ETC
Requirements of U.S. Consular Processing may differ depending on
what country the process is being commenced. All the same, our Law
Firm has helped clients from different countries obtain their IR-1
Immigrant Visas. So, we do have the experience of working with various
U.S. Consulates abroad.
Feel free to contact us (via email or phone) to discuss what options might
best fit your goals. We are here to help, so utilize our Expertise.
Denver Colorado Fiance(e) K1 Visa Lawyer, Aurora
Boulder K-3 Attorney, James S Sarpong, handles all US
immigration matters - K-1 Visa, K-3, Asylum,
Naturalization/Citizenship, Deportation/Removal, Green
Card/Adjustment of Status. Call/Email/Browse site for
more details.
Aurora Boulder Denver Colorado Family Based US
Immigration Law Attorney / Employment Based US
Immigration Law Lawyer. Aurora Boulder Denver
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Law Office of James S. Sarpong, LLC
"Counsel to Immigrants, their Families, and their Employers."
© Law Office of James S. Sarpong, LLC. All rights reserved. Note: Some articles,
definitions, and terms on this website were reproduced from other sources, and
have been so stated/credited. Disclaimer: The information you obtain at this site
is not, nor is it intended to be, legal advice. You should consult an attorney for
individual advice regarding your own situation.
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The Law Office of James
S. Sarpong, LLC is a
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US Immigration Law Firm
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locations throughout the
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Denver Metro Area, and
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