The K-1 classification allows U.S. citizens to bring a foreign national fiancé(e) living abroad to the U.S. to marry.
To qualify for the K-1 visa:
- The petitioner must be a U.S. citizen;
- The couple intends to marry within 90 days of the foreign national entering the U.S.;
- The couple is free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment;
- The couple met, in person, at least once within 2 years of filing your petition.
Period of Stay
The K-1 visa holder is allowed to enter the U.S. for 90 days so that the marriage ceremony can take place. The K-1 status automatically expires after 90 days and cannot be extended.
Children of K-1 Visa Holders
The unmarried children under the age of 21 of a K-1 visa holder can obtain a K-2 nonimmigrant visa. The K-2 visa holder is eligible to study and apply for employment authorization.
Upon admission, the K-1 visa holder is eligible to apply for employment authorization.
Route to the Green Card
Once married, the K-1 visa holder may apply for permanent residence and remain in the U.S. while the USCIS processes the application. (Click here for more information on the green card for family of a U.S. citizen.)
For more information about this visa category contact us today to schedule a professional consultation with an Immigration Attorney. Call (305) 515-VISA (8472) or click here.