| |
K:
Fiancée/Marriage Visas
An individual who is a citizen of a foreign country and is to
marry a U.S. citizen may be eligible to receive the K-1
visa. The purpose is to help American citizens
and their fiancées meet and marry in the U.S. rather than
in the foreign country. Once the K-1 is
issued a fiancée enters the U.S. and is expected to marry
within 90 days.
If intentions to marry change the fiancée must return back
to his or her country. The individual fiancée will
lose legal status if they overstay and may not change to another
non-immigrant visa status. In order to remain in the U.S.
the individual must marry and then file an application with the
CIS in the U.S. to be classified as an immediate relative of a
U.S. citizen.
Application Process:
US citizens file applications for classification of the alien
as a K-1. The application needs supporting documentation
establishing the relationship to the U.S. citizen and proof of
a planned marriage. Approvals are sent to the alien.
The
application is made by the fiancée at the U.S. Consulate
in the home country of the fiancée. The K-1 visa
is issued and the fiancée is eligible to enter the U.S.
The fiancée is eligible immediately upon entry into the
United States for work authorization. An application is made on the
appropriate form with the CIS. Work permit is issued for the 90-day
period. Upon marriage the parties are eligible for filing for
a green card.
The K-3 Visa:
K-3 visas are provided for individuals who married
overseas to U.S. citizens. Once the marriage occurs the spouse
cam be issued the K-3 visa and then permitted
to enter the U.S. and apply for adjustment of status in the U.S.
An application is initially made in the U.S. to qualify the K-3
for visa issuance. Once in the U.S. an application for permanent
residence must be made.
|
|
