Tuesday, December 29, 2009

Fiance Visa

The fiance visa, also known as the K-1 visa, allows for a U.S. citizen to petition the U.S. government to allow their fiance into the United States for the purpose of marriage. The K-1 visa is not a temporary visa. The immigrant is classified as a non-immigrant for the purpose of a K-1 visa. After the marriage the nonimmigrant and the U.S. citizen spouse can petition the immigration services to adjust the nonimmigrants status to a conditional visa.

A conditional visa is generally good for two years. Towards the end of the two years the U.S. citizen and nonimmigrant spouse must petition the immigration services for a permanent visa. If granted the fiance is a permanent lawful residence and can start accruing time for citizenship.

A few things to know about K-1 visas. The nonimmigrant must still qualify for entry into the United States. This means no communicable diseases, they are not advocating the overthrow of the U.S government, they are not a security risk, etc. The nonimmigrant must show that they meet all the requirement that are necessary for entering the United States, they do not get special preference for being a fiance to a U.S. citizen.

The application for the K-1 visa takes place in the United States, however, the nonimmigrant will apply for the visa at the consulate or embassy in their home country.

A final few notes, the nonimmigrant and the U.S. citizen should get married within the allotted time otherwise the visa will be revoked. Lastly, the marriage should be entered into with good faith, the immigration services frown upon people getting married for the purpose of obtaining a green card or future citizenship. The are legal repercussions for both the nonimmigrant and the U.S. citizen.

1 comment:

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