True love may pave the way for a ticket to the United States.
An alien who is the fiance(e) of a U.S. citizen petitioner may be issued a K-1 visa which will allow entry to the U.S. for the purpose of marrying the U.S. citizen petitioner.
To qualify for a K-1 visa, the petitioner and the alien must satisfy the following requirements: (i) the parties have personally met within two years preceding the date of filing of the petition; (ii) they must have a bona fide intention to marry; and (iii) they are legally qualified and actually willing to conclude a valid marriage in the U.S. within ninety days after the fiance(e)’s arrival.
The
requirement for a personal meeting within two years preceding the
filing of the petition may be waived by the INS if the parties can
establish that the meeting would result in extreme hardship to the
petitioner or would violate the traditional customs of the
beneficiary’s foreign culture or social practice, as in marriages
arranged by parents. Health reasons, travel restrictions or financial
burdens are circumstances that may merit a waiver based on extreme
hardship.
The
documentation necessary to prove contact and intent to marry
includes, among others, photographs of the parties being together,
letters, e-mail, telephone bills and affidavits of relatives who have
personal knowledge of the relationship.
If
the alien beneficiary has minor children, the children can come with
the principal beneficiary under a K-2 visa, either accompanying or
following to join within one year of the issuance of the K-1 visa.
If
the alien or the petitioner fail to marry within 90 days of the
alien’s arrival, the alien then becomes subject to removal. A K-1
visa holder will not qualify for an extension of stay or change to
another immigration status, i.e. B-2, H-B1 or employment based
immigrant petition. If the alien marries another U.S. citizen instead
of the petitioner, the alien cannot apply for adjustment of status
while remaining in the U.S. The only way for a K-1 visa holder to
adjust status to permanent resident in the U.S. is by marriage to the
petitioner within 90 days of arrival.
@9PTCA
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The
Life Act which amended the Immigration Act has expanded the
eligibility for a “K” visa to provide for a new temporary status
for spouses of U.S. citizens and their minor children who are outside
the U.S. waiting for the approval of their permanent resident visa. K
visa used to be limited to fiancees of U.S. citizens who enter the
U.S. to marry the U.S. citizen sponsor.
In
the past, when a U.S. citizen marries an alien outside the U.S., the
alien spouse usually had to wait for many months in his/her home
country while waiting for the approval of the immigrant petition and
the issuance of the permanent resident visa. This temporary status
relieves the unwanted separation between newly married couples.
To
obtain a K visa, the U.S. citizen must first file an immigrant
petition for the alien who is outside the U.S. After the immigrant
petition is filed, the K visa petition must be filed in the U.S. by
the U.S. citizen spouse. If the marriage occurred outside the U.S.,
the K visa must be issued by the consulate where the marriage
occurred.
K
visa holders are entitled to be issued work authorization pending
adjustment of status to permanent resident.
(Any
questions pertaining to this article may be addressed to 703 893
0760)
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