THE FIANCÉ(E) (K-1) VISA
The 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 petitioner and apply for permanent residence. Because it facilitates the entry of an intending immigrant, K visa processing is similar to immigrant visa processing for immediate relatives. K visa processing can take longer than processing for other nonimmigrant visas as it entails the submission and consideration of comprehensive (and often duplicative) biographical and admissibility data at two stages of the process, rather than a single stage.
AUTHORITY AND BASIC REQUIREMENTS
The Immigration and Nationality Act (INA) provide for issuance of a K-l visa to the fiancé(e) of a U.S. citizen after a petition-filed with the U.S. Department of Homeland Security (DHS) office in the United States-has been approved, based on satisfactory evidence that the parties:
• Have previously met in person within two years of filing the petition, unless a waiver is granted;
• Have a bona fide intention to marry; and
• Are legally able and actually willing to conclude a valid marriage in the United States within 90 days after the fiancé(e)’s arrival.
If the parties do not marry within 90 days, the K-l fiancé(e) (and any K-2 dependents) will have to depart, and failure to depart renders them removable.