U.S. citizens can file a petition for a fiancé(e) to enter the United States to marry within 90 days of arrival.
To be eligible for the visa the couple must establish:
- That they have met at least once in person within the past two years (the government may waive this requirement if it is established that compliance would result in extreme hardship to the U.S. Citizen or that compliance would violate strict and long-established customs of the beneficiary’s foreign culture.)
- That they intend to marry,
- That they are legally able to marry.
One married, the foreign national spouse must file an I-485 application to adjust status to permanent residence, to obtain conditional residence status for two years. The couple has to file a joint I-751 petition to remove the conditional status within the 90 days before the two-year conditional residence expires, to obtain a green card valid for two years.
If the couple do not marry within 90 days, the foreign national is deportable and will generally not be permitted to change status within the U.S. There are some exceptions to this rule such as if the couple marry after 90 days, the foreign national spouse would be permitted to remain in the United States, if the U.S. Citizen files an I-130 immigrant petition along with an I-485 application to adjust status. In some cases, it may be possible for the K-1 foreign national to adjust status to permanent residents on the basis of being a victim of domestic violence under the Violence Against Women Act but the law is not clearly defined on this. The K-1 cannot adjust status based on a marriage to anyone other than the K-1 petitioner.
US Citizen petitioners must note that the International Marriage Broker Regulation (IMBRA) requiers petitioners to provide information related to criminal convictions and other K-1 petitions filed by the U.S. Citizen, so that it can be shared with foreign national fiancé(e). Consular officers will inform the K-1 fiance of all criminal background information submitted to USCIS by the U.S. Citizen and any related criminal conviction information that USCIS discovered in Government records or databases during its routine background check regarding any of the following crimes:
(1) Crimes involving domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, and any attempt to commit such crimes;
(2) Crimes involving homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes;
(3) Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act; and
(4) Information on any permanent protection or restraining order issued against the petitioner related to any specified crime.
Adam Walsh Child Protection and Safety Act, which prohibits a U.S. citizen petitioner from filing K petitions if convicted of any of the following offenses against a minor. (unless USCIS determines that they pose no risk to the foreign nationals):
(1) An offense (unless committed by a parent or guardian) involving kidnapping;
(2) An offense (unless committed by a parent or guardian) involving false imprisonment;
(3) Solicitation to engage in sexual conduct;
(4) Use in a sexual performance;
(5) Solicitation to practice prostitution;
(6) Video voyeurism as described in 18 U.S.C. 1801;
(7) Possession, production, or distribution of child pornography;
(8) Criminal sexual conduct involving a minor or the use of the Internet to facilitate or attempt such conduct;
(9) Any conduct that by its nature is a sex offense against a minor.
According to the foreign affairs manual “an alien who seeks to enter the United States to marry a U.S. citizen may also be classified B-2, if it is established that following the marriage the alien will depart from the United States“. See 9 FAM 402.2-4(B)(1).)
An approved K-1 visa petition is valid for four months. Consular officers may revalidate the petition for additional periods of four months from the date of revalidation, provided the U.S. Citizen and foreign fiancé(e) remain legally free to marry and continue to intend to marry each other within 90 days after admission into the United States.
When U.S. consulate in the foreign fiancé(e)’s home country recives the approved K-1 petition a letter will be sent to the fiancé(e) outlining the steps to be taken to apply for a visa. If 60-days pass without a response from or, if the response indicates that the couple no longer plans marriage, the case will be considered abandoned and the petition may be retained at the consular post for a period of one year and then destroyed.
The following records and documents are required at the time of K visa application:
(1) Form DS-160, Online Nonimmigrant Visa Application;
(2) Valid passport (except for a person coming under 22 CFR 41.2 paragraphs (a), (b), (h));
(3) Birth certificate;
(4) Police certificates (in addition to supplying a police certificate from the present place of residence, the applicant must also present police certificates from any place or places of residence for six months or more since attaining the age of 16);
(6) Proof of relationship to the petitioner at the time of the interview;
(7) Evidence of termination of any prior marriage of beneficiary.
(8) Form DS-2054 or DS-7794, Report of Medical Examination by Panel Physician and associated worksheets DS-3025, DS-3026, and DS-3030.
(9) K visa applicants must demonstrate that they are not likely to be a public charge. It is advisable to provide a Form I-134, Affidavit of Support.
K-1 are usually valid for six months for one entry unless the medical exam is valid for a shorter duration.
When traveling to the United States the K-1 fiance(e) should carry a sealed envelope for presentation at the port of entry that includes:
(a) The K visa petition;
(b) Form DS-2054, Report of Medical Examination by Panel Physician, and all related worksheets; and
(c) Supporting documents, which include copies of all civil documents that are pertinent to the relationship between the petitioner.
A consular officer can return the K-1 petition to NVC if not satisfied with respect to the bona fides of the relationship, and recommend revocation of the Petition.