OVERVIEW

A foreign national engaged to be married to a United States citizen may consider applying for a K-1 Visa. The United States citizen must file a K-1 petition with the US Citizenship and Immigration Services (USCIS) which, if allowed, enables the foreign national fiance(e) to enter the United States, marry the U.S. citizen who filed the petition, and apply for conditional permanent resident status. The marriage between the U.S. citizen and the foreign national must take place within ninety days of the date the foreign national entered the United States.

Minor, unmarried children of the foreign national fiance(e) may enter the United States in K-2 status provided that the child is issued a K-2 visa within one year of the date of issuance of the K-1 visa to the foreign national fiance(e).

After being admitted in K-1 status, a K-1 nonimmigrant may not file for an extension of status or change of status. In addition, K-1 nonimmigrants may not file for a green card based on marriage to anyone other than the United States Citizen who filed the approved K-1 Petition.

CRITERIA

1. The United States Citizen and fiance(e) must have met in person within the two years prior to the filing of the petition.

   • There are exceptions to this rule if the meeting would be an extreme hardship to the United States Citizen.
   • There are exceptions to this rule if the meeting would not be considered within social or cultural norms.
2. The United States Citizen and fiance(e) must show a bona fide intent to marry.
3. The United States Citizen and fiance(e) must be both legally able and actually willing to conclude a marriage within ninty (90) days of the date the fiance(e) enters the United States.

STEPS

The United States citizen ("Petitioner") should file Form I-129F, Petition for Alien Fiance(e), with the USCIS office having jurisdiction over the place of the Petitioner's permanent residence. Assuming the petition is approved, it will then be forwarded by USCIS to the U.S. Consular office having jurisdiction over the fiance(e)'s ("Beneficiary") permanent residence. A Consular Officer will notify the Beneficiary upon receipt of the approved petition, and provide the Beneficiary with the necessary forms and instructions to apply for the K-1 Visa. Because the fiance(e) is considered an intending immigrant, he or she must meet certain requirements similar to the requirements of an immigrant visa applicant.

DOCUMENTS

The Beneficiary is required to supply the following documentation and information:

1. A passport, valid for travel to the United States;
2. A birth certificate;
3. A copy of the divorce or death certificate of any previous spouse (if applicable);
4. A medical examination by a physician approved by the U.S. Consulate Office;
5. Evidence of the Petitioner's ability to support the Beneficiary once the Beneficiary arrives in the United States;
6. Evidence of a valid relationship with the Petitioner;
7. Evidence that the Beneficiary has met the Petitioner, in person, within the two years preceding the filing of the Form I-129F with the USCIS;
8. Two recent photographs 1 & 1/2 inches square (37mm x 37mm) , with the entire face visible. The picture should be taken before a light background and without head covering.

ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT FROM K-1 STATUS

Subsequent to admission to the United States on a K-1 visa and marriage to the U.S. Citizen petitioner, the K-1 visa-holder should file for adjustment of status to a Lawful Permanent Resident (green card holder) at the local USCIS office having jurisdiction over his or her place of residence in the United States. As noted above, a K-1 visa-holder is permitted only to adjust his or her status to that of a Lawful Permanent Resident based upon his or her marriage to the U.S. Citizen listed as the Petitioner on the approved K-1 Visa Petition (Form I-129F).

ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT FROM K-2 STATUS

A K-2 derivative beneficiary (an unmarried child under the age of 21 of the K-1 fiance) can also file for adjustment of status in the United States. This ability to adjust status as a K-2 derivative is critical where the K-2 beneficiary is over the age of 18 at the time of the marriage and thus would not qualify as a child or step-child of the United States citizen petitioner. Children over the age of 18 at the time of the marriage cannot qualify as step-children of the United States citizen petitioner (step-parent) since the "step" relationship must be formed when the child is under the age of 16. It is imperative that, if the K-2 beneficiary is over the age of 18 at the time of the marriage, the adjustment of status for the K-2 derivative be approved prior to the child turning 21 since the U.S. Citizenship & Immigration Services provides no "age-out" protection for K-2 derivative beneficiaries.

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