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Petition Your Fiancee With The K1 Visa

Aug 10, 2008
The Immigration and Nationalization Act provides classification of non-immigrant visa fiancee visa (K-1 visa) for a foreign citizen to travel to the United States for the purpose of marrying the American citizen who presented a petition to the immigration authorities. The marriage must occur within ninety days of their admission to the United States for the K1 fiancee visa to be valid.

Once the marriage has been performed, the foreign partner must apply to the Department of Homeland Security (DHS) a record of admission for permanent residence (conditional). After two years, the foreign partner may apply to DHS to remove conditional status.

To be given the classification of K1 Visa or fiancee visa, the citizen must apply to the office of the Department of Homeland Security (DHS) which has jurisdiction over the admittance.

The petitioner or his/her fiancee cannot have any legal impediment to marry and must be willing to enter into a valid marriage in the United States. The approved request will be sent to the U.S. consular office where the foreigner lives to request a visa. The request is typically valid for four months from the date of approval by the DHS.

Children (under 21) of a beneficiary of a K-1 Visa will receive a K-2 non-immigrant visa if their names appear on the petition. It is not necessary to file a separate petition if they enter the US within one year after the issuance of the K1 Visa or fiancee visa.

When it comes to petition approval by the DHS, the consulate will notify and provide the recipient with the forms and instructions necessary to request the actual K1 Visa. Since a recipient of this visa is an immigrant they must meet the same requirements that a recipient of an Entry Visa would need, not just the fiancee visa.

In addition to the forms and photographs, they usually require the following documents; they may also request other paperwork.

A passport valid for at least 6 months after the arrival in the United States. Birth Certificate, Certificate of divorce, annulment or death of spouse if they were previously married.

A certificate from the police from every place where they have lived for six months or more since age 16, a medical examination by a doctor approved by the Embassy. Evidence of financial support, and evidence of the relationship between the petitioner and the American citizen.

The evidence of financial support comes from the petitioner who provides their tax returns for the last three years (W-2 forms and 1040), as well as a letter from their employer, indicating how long they have worked there and how much the petitioner earns on a yearly basis.

Although the fiancee visa or K1 visa does not require as many documents as for those seeking Entry Visas, the consulate will require sufficient evidence of financial support to approve a visa.

During an interview a consular officer will decide whether the applicant for a fiancee visa will qualify to receive a K1 visa.
About the Author
People Helpers has been preparing K1 Visa applications since 1997.
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