Applying for a USA K-1 visa for
fiancé immigration to America allows an American citizen to bring a
foreign fiancée to the United States for the specific purpose of getting
married.
Beyond the marriage, an applicant
will be able to pursue a Permanent Resident Card for lawful permanent
residence in the US or as it is usually referred to, a USA Green Card,
in order to live and work in the USA permanently. This type of US visa
is a very specific American immigration service designed solely for
those intending to migrate to the USA in order to get married. For more
information on the USA K-3 visa, US spouse visa, or any other types of
US visas aimed at those applicants wishing join a US citizen spouse in
the United States, please see the relevant section of the website.
Benefits
US immigration through the Fiancé
visa is intended as a step towards lawful permanent resident status and
as such, it will lead to the benefits of an American Green Card for a
successful applicant, if the necessary requirements are fulfilled. A
candidate embarking on this route will be able to seek permission to
undertake employment and commence living and working in the USA without
the time restrictions that a non-immigrant route would impose. In
addition, as a family immigration route, no pre-arranged offer of
employment is required for people immigrating to the USA in this class.
Family visa routes are based entirely upon connections with a US
citizen, and as such, no offer of employment is required.
Eligibility Criteria
In America, visas for fiancés are
aimed exclusively at those intending to marry in the USA and as a
result, applicants must fulfill this requirement, otherwise the right to
remain in the United States will be withdrawn. Parties must get married
to each other within 90 days of the arrival of the applicant in the
country; no extension can be obtained for this American visa class. If a
marriage does not occur, the applicant will have to leave the US and
may not be granted another fiancé visa.
In order to qualify for this USA visa class, parties must fulfill the following requirements:
- Both parties must be free to marry.
- Parties must have met in person at least once during the last two years.
(This
must be demonstrated through documentation, which may include
photographs or airline tickets, as well as any other documentation,
which can prove the requirement. If meeting before the marriage would go
against a traditional custom in the applicant's country or would create
extreme hardship for the US citizen, this may be waived).
After the petition is approved by USCIS, the fiancé may obtain a K-1 visa at a US embassy abroad.
Working in the United States
A USA fiancé visa in itself does not
offer a grant of permission to work in America, visa applications of
this kind are designed solely for those intending to marry in the
imminent future. However, once a marriage has taken place, an applicant
can apply for both an Adjustment of Status (AOS) in order to become a
permanent resident and an Employment Authorization Document (EAD), which
will permit them to seek and undertake employment. An application for
Employment Authorization can be submitted upon arrival, before the
marriage has taken place, however, it may not be processed within the
90-day period in which a marriage must occur. Since a new Employment
Authorization must be sought once an applicant applies for adjustment of
status, in practice, it is more effective to wait until after parties
are married.
Dependent Immigration
As a route to permanent immigration,
fiancé visas also make provision for dependent immigration, and
unmarried children under 21 may accompany an applicant immigrating to
the USA as long as they are included on the application form and are
issued with K2 dependant visas. Find out further information on our US
K3 Spouse Visa page.
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