subject: Fiance Visa to the USA, Simple Steps from Fiance to Green Card [print this page] Fiance Visa to the USA, Simple Steps from Fiance to Green Card
US citizens have to file a K1 Fiance Petition for their foreign national fiance to come to the USA. Navigating this visa process may be an arduous and convoluted task as there are many nuances from the initial filing of the I-129F Form to the final US Consulate interview, and without proper understanding of how this process works could create undue and unnecessary delays in reuniting with your loved ones. This article provides an overview of what to expect when you start your fiance visa process.
A K visa is a non-immigrant visa which permits entry into the United States as a non-immigrant with the specific intent that the entrant will enter into a marriage with the US citizen fiance and adjust their status to become a Legal Permanent Resident (LPR) or commonly referred as a getting a "green card." Technically the K visa is a non-immigrant visa, it is a hybrid visa because the entrant will enter the US with the intention of adjusting to an immigrant visa or green card. This classification is designed to expedite the entry of intending immigrants, unlike other non-immigrant visas such as the B-2 tourist visa where adjusting status is prohibited.
The U.S. Citizenship and Immigration Services (USCIS) is the US agency that is in charged of processing the K visa cases. USCIS was formerly known as Immigration and Naturalization Service (INS) and the US Department of State.
The Immigration and Nationality Act (INA) provides for the issuance of a K-1 visa to the fiance of a United States citizen after a I-129F petition has been filed by the US citizen petitioner has been approved by USCIS or Regional Service Center. There must be sufficient evidence that the couple have fulfilled the following requirements before the I-129F can be approved. Have previously, physically met, in person, within the two (2) years preceding the date of filing the petition, unless a waiver of this requirement is granted, and; Have a bona fide (sincere, legitimate, truthful) intention to marry, and: Are legally able, and actually willing, to conclude (finalize) a valid, legal marriage in the United States within ninety (90) days after the fiance's arrival in the United States.
The USCIS approval process is merely the first step in the K1 process. The State Department must review the file at the Embassy prior to visa issuance, once the consular officer has reviewed the file and interviewed the applicant. USCIS approval is quite normal as they merely check if the forms were completed properly and the basic requirements such as photos, filing fee, and visa forms are included. Consular Officers at the US Embassy is charged with the responsibility to investigate the background of the individuals, to make an assessment of the applicant's admissibility, and the bona fides of the relationship during consular processing and the personal interview.
After entry to the US in K-1 status, the fiancee must marry the US citizen that filed the petition on the fiancee's behalf, and this has to be within ninety (90) days of the individual's arrival in the US. Failing to marry the the petitioning US citizen will result in making the fiancee and any K-2 dependents removable or deportable from the US. The 90 day period allows the couple to see if they are compatible for marriage, similar to a "test run" before the green card application can be made.
The foreign fiance will only be allowed to remain in the US if she marries the original US citizen petitioner, and may not marry anyone else, regardless of whether he's a US citizen. The K1 visa, once issued and the fiancee has entered into the US, may not be changed to another visa category, nor can it be extended. This is the American government's way of ensuring that the couple either follow through on their original petition or the fiancee has to return home.
