A K1 Visa is necessary if you are a US citizen who wants to bring a non-US citizen fiancé to the United States for a limited amount of time. This will allow you to get legally married within a certain timeframe. The following are some things you need to know about a K1 visa:
The Importance of a K1 Visa
A K1 visa is also known as a fiancé visa. This is the first step your fiancé needs to take to become a legal US citizen after marriage. Once you get married, your spouse may then apply for AOS or an Adjustment of Status. This provides your spouse with a green card, which means he or she is legally allowed to live and work in the US on a legal and permanent basis.
When You Should Not Pursue a K1 Visa
Before you move forward with the pursuit of a K1 visa for your fiancé, think carefully about whether or not it is a good idea to do so. If your fiancé is still married in his or her home country, do not pursue the visa until the marriage is officially dissolved. Your fiancé is not allowed to remarry until the first marriage has ended.
If you met your fiancé online and have not yet met in person, you should delay the application of a fiancé visa. The law requires you to have met and seen your fiancé in person before a visa is allowed. However, if you have some religious constraints or you are unable to meet your fiancé in person, you can request a waiver for this legal requirement.
Additionally, you have to be eligible to marry. If you or your fiancé is under the legal age or if you have a blood relation to your fiancé, the marriage may not be allowed by law.
When You Should Pursue a K1 Visa
If you are ready and able to marry someone from another country and he or she is free to enter the US under a visa, move forward with your application. Also, you should pursue a K1 visa if your fiancé has children he or she would like to bring to the United States as well. In this case, the children would need a K2 visa to relocate.
If you have any questions about obtaining a visa for your fiancé, contact your immigration law attorney or fiancé visa attorney for assistance.Share