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Fiancé(e) (K1) Visa

The fiancée (K1) visa allows US citizens (USC) to bring his or her fiancé(e) and their minor, unmarried children below 21 yrs. Old to the US. The US citizen petitioner and the fiancé(e) beneficiary must have met in person within the last two years to be eligible to file a K1 visa.

Eligibility

Eligibility Requirements

  1. Both the USC petitioner and the fiancé(e) beneficiary must legally free to marry. If previously married, proof of legal termination of previous marriages(e.g., divorce, death, annulment, etc.) must be provided.
  2. Must have met in person within the last two years before filing the K1 petition
  3. Both intends to marry within 90 days of the beneficiary’s arrival in the US.

NOTE: Beneficiary

  • Must apply for adjustment of status (green card) after the marriage to be able to maintain status
  • May apply for social security number within forty-five days from arrival at the nearest SS admin office
Exception to the personal meeting requirement
  1. The personal meeting would violate strict and long-established customers of the beneficiary’s foreign culture or social practice
  2. Would result in extreme hardship to the USC petitioner
Derivative Children

Derivative Children

  1. Unmarried, minor children are automatically included in the K1 petition. They are referred to as K2.
  2. They must enter the US before they reach 21 years old.

NOTE: Beneficiary

  • Must apply for adjustment of status (green card) ideally together with their parent to maintain status
  • May apply for social security number within forty-five days from arrival at the nearest SS admin office
  •  Children turning 21 yrs. Old. in the next 12 months: The Child Status Protection Act (CSPA), a special
    law intended to protect children from aging out, generally, does not apply to K1 petitions. To avoid this, file
    your K1 visas the soonest time possible.
Processing Time

Processing Time. USCIS generally publishes processing times on their website every month. Processing times may change from month to month.

  • USCIS. Spouse petition is generally approved at 5-6 months from filing.
  • National Visa Center (NVC). Takes about 2-4 weeks for the NVC to issue the MTCN or embassy
    case and invoice numbers
  • US Embassies. At this time of the pandemic, K1 visa is not given a priority

Grounds for Expediting. The US embassy may expedite your case in any of the following:

  1. K2 beneficiary will be aging out in the next 6 months
  2. K2 beneficiary will age out within the 18 mos. Allowed to follow-to-join from the time the K1 principal was issued a K1 visa
  3. K1 applicants waiting for visa appointments in order to travel to the US with their US citizen child
Fiancée vs. Spouse visa – Which one if better?
The decision to go for fiancé(e) or spouse visa depends on your personal objective. What is more important to you? Is it:

  1. Your ability to bring to the US your aging derivative children?
  2. To bring your loved ones faster to the US?
  3. For your spouse and derivative children to be able to work?
  4. For your spouse and derivative children to obtain their green cards?
  5. Which one is least expensive?

LEARN MORE. Watch this Facebook Live from Immigration Attorney Nick Caraquel https://youtu.be/gPjUywEjeK8

To assess your initial eligibility, both the USC Petitioner and Beneficiary may complete these questionnaires.

1. Have you met with the beneficiary in person within the last two years?

If you have not met in person, will you qualify for an exemption?

2. Do you have previous marriages?

If yes, do you have documentation to prove that ALL those previous marriages have been legally terminated (e.g., divorce, annulment, death, etc.,)?

3. Do you have criminal records?

4. Have you filed another fiancée (K1) or spouse (CR1) visa in the last two years?

5. Did you meet your fiancée online?

If one or more of your previous marriage(s) have been terminated through Sharia divorce, please answer these questions. Were you and your ex-spouse.,

Muslims at the time of marriage?

Married through the Muslim wedding traditions?

1. Do you have previous marriages?

If yes, do you have documentation to prove that ALL those previous marriages have been legally terminated (e.g., divorce, annulment, death, etc.,)?

2. Do you have criminal records?

3. Have you been a beneficiary of another fiancée (K1) or spouse (CR1) visa in the past?

4. Have you lived in another country (abroad) for at least six months?

5. Have you been denied a US visa?

6. Have you been refused entry to the US (e.g., airport-to-airport)?

7. Do you have minor, unmarried children who will be migrating with you to the US?

If Yes, how many?

If one or more of your previous marriage(s) have been terminated through Sharia divorce, please answer these questions. Were you and your ex-spouse.,

8. Muslims at the time of marriage?

9. Married through the Muslim wedding traditions?

Terms and Conditions

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iDream America (Nick Caraquel)

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