What is the process for fiancés of U.S. Citizens to get their visa and green card?
At the time the K-1 Fiancé Petition is submitted, the U.S. citizen petitioner must ordinarily be able to prove he or she has previously met the foreign fiancé in person within the past two years. Certain limited exceptions can be made for this requirement. The U.S. citizen and foreign fiancé must also demonstrate that they have a real relationship and are free to and intend to marry within 90 days of the foreign fiancé’s entry into the U.S. Your immigration attorney will advise you what information and documentation is necessary to meet these requirements.
Once approved by USCIS, the petition is forwarded to the U.S. embassy or consular office where the alien fiancé/e will apply for his or her visa (ordinarily in the country of nationality of the foreign fiancé/e). An approved petition is valid for a period of four months from the date of USCIS action, though it may be revalidated by the consular officer upon the U.S. citizen petitioner providing evidence that he or she still wishes to proceed under the conditions of the visa.
Upon receipt of an approved petition, the U.S. embassy or consulate abroad notifies the foreign national fiancé, and their representative (immigration lawyer) and provides instructions as to how the embassy or consulate coordinates the K-1 visa application process.
What documents are required for a K-1 Fiancé Visa Application?
In addition to the appropriate K-1 visa application forms and fee, documents that are ordinarily required include: the foreign fiancé’s birth certificate and valid passport, proof of dissolution of any previous marriages for both the U.S. citizen petitioner and foreign beneficiary, police certificates for the foreign fiancé for all countries in which they have resided since they were 16 years old, a medical examination, evidence the U.S. citizen petitioner can support the foreign beneficiary, photographs, and evidence that the couple has a genuine relationship and anticipate marrying in the U.S within 90 days of the foreign fiancé’s entering the country. Your immigration attorney will assist you in determining what other documentation may be necessary, given the circumstances in your case.
Once the processing of the K-1 visa is completed and the applicant has all necessary documents, a consular officer will interview the fiancé. Upon confirmation that the foreign fiancé is eligible, a visa is issued, and is normally valid for one entry during a period of six months.
Can children come with their parent beneficiary of the fiancée visa petition?
Minor unmarried children (under 21) of a K-1 beneficiary are eligible for a K-2 visa. Ordinarily a separate petition is not required provided the appropriate petition and visa application forms are correctly prepared to provide for such accompanying children. A separate petition is not required if the children accompany or follow the alien fiancé within one year from the date of issuance of the K-1 visa.
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