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Thursday, May 28, 2009

Fiance Visa (K1)

Immigration options for a non US Citizen Fiance(e) living overseas:

In General Pluses Minuses

The U.S. citizen petitions to the USCIS
Service Center for fiance visa approval,
the approval is forwarded to the foreign
U.S. consulate where the foreign fiance
lives.

The foreign fiance gathers certain
paperwork, attends an interview, and
(hopefully) gets the fiance visa, travels to the U.S., marries in the U.S. and applies to adjust status during the first 90 days.

Total time estimated: 6-9 months, give or take. This is usually the preferred method unless the couple wants to marry and attempt Direct Consular filing (if available) or file a K-3.

• typically quicker than a spousal visa

• can work upon entry after getting social security card and an EAD. An EAD is applied for at the same time you file for AOS (after marriage). Typical wait times are 90 days to get the EAD).

• May allow for a "get to
know your fiance better"
period before marriage,
since the visa is good
for 90 days. If you pursue a spousal visa you MUST marry before you apply for a visa to enter the US.


• Will need advance parole in order to travel outside the US, will have to file adjustment of status after entry.

• If the relationship fails
before the green card is
received, there are no
other options for
adjustment and the K-1
spouse has to leave the
US.

• K-1 visa recipients are in
valid status for only 90
days and may not extend
their status. K-1 visa
holders should marry and
file adjustment of status
within 90 days after entry
into the US.

• Only U.S. citizens can file for a fiance visa.