We understand how important it is to be with your foreign partner before starting your new life and getting married. Here, we will guide you on obtaining a K-1 nonimmigrant visa and grab a chance to make plans for your dream wedding together in the United States.
If you are a U.S. citizen who decided to move forward with filing a K-1 fiancé(e) visa for your loved one, there are some eligibility requirements for a fiancé(e) K-1 visa that you have to meet. Here we will talk about the "two-year rule."
When U.S. Citizenship and Immigration Services (USCIS) approves Form I-129F, Petition for Alien Fiancé, it is valid for a certain period of time- for four months exactly. This is a different period of validity than the term of the K-1 visa. When you receive a K-1 visa, you cannot use it anytime you want, but within a limited time period as well.
A K-1 fiancé visa is a nonimmigrant visa that allows a foreign fiancé to enter the United States with the purpose of getting married to a U.S. citizen. An approved visa will last for six months after it gets assigned. The couple has a time frame of 90 days from the entry date to perform the wedding and apply for Adjustment of status process, which will give the fiancé a legal permanent residence in the U.S.
The K1 nonimmigrant visa allows a foreign fiancé to enter the United States and get married within the next 90 days with the U.S. citizen who sponsors their petition. If the couple plans to live in the United States after getting married, the foreign spouse will have to apply for adjustment of status to get a permanent residence. The K1 visa is just temporary. By all means, it is not obligatory to stay within the United States permanently after getting married, so if there is no intention to stay, the foreign fiancé can enter the United States based on a tourist visa instead.
The first step on the pathway to obtaining a family-based permanent residence or green card in the United States is Form I-130, Petition for Alien Relative. The Form I-130 is used by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with the beneficiary.
When a foreign fiancé enters the United States based on a K1 nonimmigrant visa, there is a time frame of 90 days to get married to the U.S. citizen who filed a petition for an Alien fiancé. The couple should marry as soon as possible, given that breaking the deadline can lead to the deportation proceedings to the home country of the visa holder.
If you're loved, one is a U.S. citizen or a lawful permanent resident, and you aim to get to the United States as quickly as possible to get married, then you should consider the fiancé(e) visa. It is likely the fastest option to realize such an idea. If your goal is to get a green card as soon as possible, then a marriage-based visa will be a better option because the green card is quicker.
The U.S. citizen can choose between different options on how to petition for a visa for the foreign fiancé or spouse who lives outside of the United Nations. The decision depends on the individual needs and possibilities of the couple in a particular case. The right thing to do when there is a dilemma is to hire an immigration attorney, which will help in choosing the right strategy. The most common options are the K-1 fiancé (nonimmigrant) visa and CR-1 marriage-based (immigrant) visa. Before answering the question can a couple make a choice, it is necessary to analyze both options.
If you want to marry a U.S. citizen, you may consider applying for either a fiancé(e) (K-1) visa or a marriage-based CR-1 visa. These visas may seem similar but have very different requirements. Moreover, those will allow you to do different things on differing timelines.