Rhode Island Alien Fiance (e) K-1 Visa

As a Rhode island K-1 Visa Attorney, James Howe has an in depth understanding of the Immigration and Naturalization Process.

As The K-1 fiancé nonimmigrant visa is designed to allow entry into the United States to fiancé of U.S. citizens, for the purpose of marrying their fiancé. The process requires submission of applications, documents, and proof that the couple is willing to marry within 90 days of entry into the United States. A K-1 visa is issued once the petition is approved. Once the visa is approved, the fiancé can enter the United States but must marry the U.S. citizen within 90 days. The K-1 fiancé is authorized to obtain employment during that 90-day period before marriage. After the marriage, the nonimmigrant can apply to adjust their status to permanent resident as an immediate relative.

To successfully petition for a K-1 visa for a fiancé of a U.S. citizen, the parties must satisfy the following requirements:

The parties must have previously met in person within two years of the date of filing the petition (this requirement can be waived "if compliance would result in extreme hardship to the petitioner or compliance would violate strict and long established customs of the beneficiary's foreign culture or social practice." 8. Û 214.2(k)(2)).
The parties have a bona fide intention to marry
The parties are willing to marry within ninety days of the arrival
The parties have terminated any prior marriages

The K-1 visa duration is 90 days. After 90 days, the parties must be married and should file a family based residency petition (click here to see information for family based residency ).

The K-1 visa is not renewable and cannot be extended.

An individual can enter the U.S. in nonimmigrant status and marry their fiance. Oftentimes the processing time of a K-1 visa is shorter than the processing of an status" application abroad. The individual receives work authorization immediately.

Passport valid for travel to the U.S. which has at least six months validity beyond the issuance date of the visa
Birth certificates of K-1 applicant (and of children under the age of 21 that will accompany the applicant)
Police certificate from all countries the applicant has resided in since their sixteenth birthday
Court and prison records
Two passport size photographs on white background of the beneficiary.
Evidence of termination of prior marriages
Form I-134-evidence of support; this can include the beneficiary's own funds or offer of employment in the U.S.
Medical examination by the US Immigration Service approved physicians
Evidence of relationship between the and the U.S. citizen-this can include photographs, letters, evidence of engagement

Stage One:
A visa petition (Form I-129F) will need to be completed and filed with the Service Center having jurisdiction over the U.S. citizen's place of residence. If the U.S. citizen is abroad, the petition may be filed with a consular or immigration office abroad. If filed abroad, the consulate forwards the petition to a Service Center in the U.S.

The petition must be accompanied by supporting documentation that will prove that the parties have previously met within the two years of the date of filing the petition, that there is a bona fide intention to marry, and that the parties are legally able to marry and will actually marry within ninety days of entry to the U.S.

The Form I-129F must also be accompanied by:

Two forms G-325 (for applicant and U.S. citizen),
Two passport size photographs on white background of both the applicant and the U.S. Citizen, and
Proof of the petitioner's U.S. citizenship.
Stage Two:
Once the visa petition is approved, it is sent to the consulate office that will determine the foreign national's eligibility to obtain an immigrant visa before issuing the K-1 visa.

The consul will issue several forms that the foreign national must complete. When the forms are submitted and a security clearance is issued, the foreign national will be scheduled for an interview and a medical exam.

At the interview, the foreign national should bring the documents listed in the "What documents do I need" section. Once the visa is approved, the foreign national will receive a sealed envelope containing supporting documentation that he or she must submit to an immigration inspector upon arrival into the U.S.

Stage Three:
Upon arrival to the U.S., the must marry the U.S. citizen within ninety days. K-1 non immigrants cannot change their status to any other nonimmigrant status and they cannot apply for an extension of their stay.

For more information regarding Immigration Law contact a Rhode Island Immigration Attorney at the Law Office of James P. Howe.
Click here: Immigration Law - Frequently Asked Questions