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Fiancee Visa Requirements Change Again

October 14, 2013 by Thomas Geygan

K-1The K-1 category permits the fiancé(e) of a U.S. citizen petitioner to enter the United States for a 90-day period to marry the U.S. citizen and apply for permanent residence.

Summary: Effective immediately, the DS-160 Nonimmigrant Visa Electronic Application will replace the DS-156 Electronic Visa Application form (EVAF), the DS-156K (Nonimmigrant Fiance Visa Application), and the paper-based DS-230 Application for Immigrant Visa and Alien Registration (parts I and II) for processing K-1 and K-2 nonimmigrant visa (NIV) applications. This message describes the timeline for deployment and provides guidance to posts during the transition. End Summary.

WORLDWIDE USE OF DS-160 FOR NEW K VISA CASES MANDATORY

The DS-160 replaces the DS-156 Electronic Visa Application form (EVAF), the DS-156K (Nonimmigrant Fiance Visa Application), and the paper-based DS-230 Application for Immigrant Visa (IV) and Alien Registration (parts I and II) for processing K-1 and K-2 applications. K-1 and K-2 visas may only be processed at IV-processing posts. K-3 and K-4 visas may be processed at any NIV-issuing post using the normal NIV processing procedure.

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

  • You (the petitioner) are a U.S. citizen.
  • You intend to marry within 90 days of your fiancé(e) entering the United States.
  • You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
  • You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
    • If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
    • If you prove that the requirement to meet would result in extreme hardship to you.

For more information on the Fiancee/K-1 visa please click here to our web page.

Or click here to see 10 Mistakes to Avoid when You Apply for a Fiance Visa

Filed Under: Family based Immigration, Family Visas, K-1

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