This category is for noncitizen fiance(e)’s of U.S. citizens who wish to enter the United States to marry the U.S. citizen petitioner.
In order for a K-1 nonimmigrant visa to be granted, the U.S. citizen petitioner must first file a nonimmigrant visa petition on behalf of the fiance(e) who is residing outside the United States. Approval of the petition depends upon presentation of satisfactory proof that the U.S citizen petitioner and fiance(e):
- Previously met in person within two years before filing the petition, although this requirement of personal meeting may be waived by the Attorney General;
- Have a bona fide intention to marry; and
- Are legally able and willing to conclude a valid marriage in the United States within ninety days after the noncitizen fiance(e)’s arrival.
A visa petition approved under this section is valid for a period of four months, but can be revalidated any number of times for another four-month period provided that the requirements for the visa continue to be met. However, repeated requests for revalidation may call into question the parties’ intentions. The minor children of a K-1 fiance(e) receive derivative K-2 status with no separate petition requirement. A K-1 noncitizen fiance(e) is admitted to the United States for ninety (90) days and can neither change nor extend their status. The K-1 fiance(e) may apply for employment authorization, but it is rarely granted before the 90 days expires. The U.S. citizen petitioner and the K-1 fiance(e) must be married prior to the expiration of the K-1 fiance(e)’s stay. If not, the K-1 fiance(e) must depart the United States or become subject to removal.