Family-based visas help people legally enter the United States. There are visas for the spouses of citizens and for the families of those legally working in the United States. There is also a visa program for those who want to enter the country to get married.
A K-1 visa is available to engaged individuals who live in another country but have a fiancé in the United States. Who can request a K-1 visa after getting engaged?
Citizens apply on behalf of their partners
Many visa programs require the aspiring immigrant to file paperwork on their own behalf. They either submit requests to the United States Citizenship and Immigration Services (USCIS) or take papers to the United States Embassy in the country where they live. K-1 visas are among the exceptions to that rule.
The immigrant doesn’t apply for a K-1 visa. Their romantic partner who lives in the United States must apply on their behalf. A K-1 visa is only available to the fiancé of a United States citizen. People living in the United States with a visa or green card are not eligible to help their fiancés enter the country.
What are the requirements for a K-1 visa?
A K-1 visa only grants short-term permission to live in the United States. Before a foreign national fiancé can enter the country, they must undergo background checks. The USCIS must also validate that they have a legitimate relationship with their citizen fiancé.
Evidence of a prior romantic relationship or evidence of an arranged marriage in cases where such plans are culturally common can help people qualify for a K-1 visa. If the relationship seems legitimate and the fiancé qualifies, they must be ready to act quickly. A K-1 visa is only valid for 90 days. The fiancés must get married within 90 days of the foreign national fiancé entering the country. Delays may lead to their removal from the country.
After marriage, the new spouse of the citizen might be eligible for a conditional green card. If the marriage lasts at least two years, they may be eligible to acquire a traditional green card without marriage-related conditions attached.
Learning more about different visa programs can help people connect with those they love. Family-based immigration opportunities are available for fiancé’s, spouses and many other people with close connections to citizens and permanent residents.