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K-1 Visa
The K-1 Non - immigrant visa category permits the fiance(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.
Authority and Basic Requirements
The law provides for issuance of a K-1 visa to the fiance(e) of a U.S. citizen only after a petition, filed with the appropriate Department of Homeland Security office in the United States, has been approved.
The Requirements are that the Parties:
- have previously met in person within two years of the date 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
Types of Evidence Accepted:
- Affidavits of the parties and persons with personal knowledge of the relationship;
- Photographs showing the parties together;
- Correspondence between the parties by letter or e-mail, telephone bills, etc.;
On approval, USCIS sends the petition to the appropriate consular post. An approved petition remains valid for four months from the date of USCIS action.
K-2 Dependents
The minor, unmarried children of a K-1 principal beneficiary who are listed in the petition may be accorded K-2 status if accompanying or following-to-join the beneficiary. Neither a separate petition nor a separate filing fee is required.
Note: The cut-off date for issuance of a K-2 visa is one year from the date of issuance of the K-1 visa to the principal beneficiary.
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