K-1

K-1 (Fiancé) Visas

A K-1 Visa is used in situations of a fiancé of a United States citizen who wishes to enter the United States in order to get married to the United States citizen. In order to be eligible for the K-1 visa, the United States citizen must provide evidence that:

  • 1) they are a United States citizen,
  • 2) they intend to marry the foreign fiancé within 90 days of that person entering the United States,
  • 3) they and their fiancé are both free to marry and any and all previous marriages must have been legally terminated,
  • 4) the two individuals have met one another, at least once within two years of filing the petition.

Exceptions to the meeting requirement include:

  • 1) if the requirement to meet would violate strict and long-established customs of the United States citizen or fiancé’s culture or social practice, or
  • 2) if it is clear and can be proven that the requirement to meet would require an extreme hardship on either party.

 

Upon issue of the K-1 visa, the fiancé of the United States citizen is allowed to enter the United States for 90 days so that the marriage may take place. Once married to the United States citizen, the foreign spouse may stay in the United States while their permanent residence application is processed. If the two individuals are not married within the 90 day required time period, the foreign fiancé is eligible for deportation proceedings.

For more information regarding K-1 Visas, and the process of obtaining a K-1 Visa, please contact the Law Office of Jeffery Bennett via phone: 816-759-2776 (English), 816-759-2777 (Spanish); or via email: jyb@jybennettlaw.com.