Fiancées And Spouses (K)

The fiancée visa, or otherwise known as the “K” visa, is a nonimmigrant visa which recognizes the intent to immigrate based on a planned marriage.  This visa allows the fiancée of a U.S. Citizen to travel to the United States and get married to her citizen spouce, then file a petition to adjust her status to that of a Legal Permanent Resident (“Green Card“).

There are several important things to remember.  First, the K visa is valid for ONLY 90 DAYS.  The couple MUST MARRY within that time or else the beneficiary (the person who is coming to the US to marry the citizen) will face termination of her visa and potential removal from the US.

To be eligible for a fiancée visa, the parties must prove that they have a good faith desire to join their lives together, and that their prospective marriage will not be for the primary purpose of obtaining the fiancée’s residence in the US. 

The petitioner must also show that the parties met in person at least once in the two years immediately preceding the filing of the fiancée petition.  Proof of having met in person during that time may include affidavits, trip itineraries, plane ticket stubs, letters, phone bills, photographs taken of the couple together, or other evidence which would corroborate the personal meeting.  It is not necessary that the visits be frequent – once is enough.  But this requirement is strictly followed – even going over two days the two year time frame has caused the CIS to reject a petition.

The petition must be filed by the US citizen (petitioner) at the CIS regional service center having jurisdiction over the place of the petitioner’s residence.  On the form, it is important to note on the form that the petition should be sent directly to the designated consulate upon approval.  The fiancée must apply for the actual visa at the US consulate within four months of the visa petition’s approval, unless extensions are requested and granted. 

Once the fiancée enters, the parties MUST marry within ninety days.  The CIS will grant the non-citizen fiancée permission to work at the time of her entry for the ninety-day period of her visa.  After the marriage, the fiancée (now a spouse) will be eligible for employment authorization while her adjustment application is pending. 

Once you are married, we will prepare and file the Adjustment of Status application, leading to the adjustment interview and the Green Card.