FINANCE VISA (K1)

• What is K1(Fiancee Visa)?
• Eligibiltiy
• Process
• Children of Alien Fiancee
• Processing Time
• How Can We Help?

What is Fiancee(K1) Visa:

For a U.S. citizen intending to marry an alien the "K1" visa (Fiance / Fiancee Visa) is the ideal option. The K1 visa is a single entry non-immigrant (temporary) visa which allows the alien fiancee to visit the US for 90 days. During this 90 day period either the USC and the alien fiancee must marry or the alien fiancée must return home. Extensions of time are not granted. However, once the marriage has taken place in the US, the alien fiancee (now the spouse of the USC) can obtain conditional permanent residence by filing I-485 with the USCIS. Subsequently an application can be filed for removal of conditions and ultimately an application for citizenship is filed.

The alien fiancee will be able to work upon entry after getting social security card and an Employment Authorization Document ("EAD"). Application for an EAD can be at the time of filing for Adustment of Status after marriage. Theusual waiting time to get an EAD is 90 days.

Eligibility :

To qualify for a K1 visa, the following eligibility criteria must be met :

• The petitioner must be a U. S. citizen ("USC");
• The USC and the alien fiancee must have met during the preceding two years;
• Both the USC and the alien fiancee must be legally free to marry;
• Both the USC and the alien fiancee must have a genuine intention to marry within 90 days of the alien fiancee's arrival in the US.

Process:

Procuring a K1 visa is a two step process :

• The USC must complete and file a petition with the USCIS. This would require the USC and the alien fiancee to file various documents and forms to show that they meet all the eligibility criteria. Once the petition is approved, a Notice of Action is sent to the USC communicating the approval. The case is then transferred to the Department of State's National Visa Center for commencement of background check on the fiancee. The file is sent to the appropriate US Consulate in the alien fiance's home country.
• On receipt of the file and completion of the background check on the alien fiancee, the U.S. Consulate will contact the alien fiancee and provide information about setting up an appointment to obtain a K1 visa stamp. Meanwhile the alien fiancee will be instructed to complete medical examination at a designated local clinic. On the day of the appointment the alien fiancee will be required to appear at the interview with several forms and supporting documents. If all documentation and medical reports are in order and the interview proceeds smoothly the alien fiancee will be granted a K1 visa.

Children of alien fiancee :

The unmarried minor children (i.e. those under the age of 21 years) of a K1 beneficiary derive "K2" non-immigrant visa status from the parent provided they are named in the petition. A separate petition for the children is not required if such children accompany the alien fiancee parent or follow the alien fiancee parent to the US within one year from the date of issuance of the K1 visa. Thereafter, a separate immigrant visa petition is required to filed.

Processing time :

The processing time for a K1 visa may vary from six months to nine months depending on the backlog of similar cases pending approval with the USCIS.

How can we help :

• Provide you an estimate of costs involved (i.e. filing fees, attorney fees & costs);
• Provide you with a checklist of documents required for applying for the K1 visa;
• Prepare the petition (i.e. application) for K1 visa along with all necessary attachments & supplements;
• Submit the application to the proper government agencies;
• Co-ordinate correspondence with government agencies;
• Intimate you forthwith on receipt of approval of your petition;
• Advise on how to prepare and what to expect at the consulate interview;
• Advise on steps to be taken after arrival of the fiance in the US;
• Provide you a copy of all papers filed.