If you are a U.S. citizen who is engaged to a foreign national and you would like to bring your fiance(e) into the United States to live with you, you should consider applying for a K-1 visa. A K-1 visa is a short-term, nonimmigrant visa that is granted to a foreign national who is engaged to a U.S. citizen. The K-1 visa allows your fiance(e) to enter the United States for 90 days. During this time period, you and your fiance(e) must get married in order for them to be able to stay in the country and apply for permanent residency. Only U.S. citizens can apply for a K-1 visa on behalf of their fiance(e).

Just because you and your fiance(e) have chosen to apply for a K-1 visa does not mean that your application will be approved. You will want to make sure that you both fulfill the eligibility requirements for a K-1 visa and that you file your petition correctly.

Eligibility Requirements for a K-1 Visa:

• You must be a U.S. citizen
• You and your fiance(e) must have met one another within the past two years
• Both of you are legally allowed to marry each other, which means that you are not closely related by blood or currently married to anyone else
• You can prove that you plan to marry one another within the 90 days that your fiance(e) would be permitted to remain in the United States

*If you are a U.S. citizen who is engaged to a foreign national and you are marrying that person for religious or cultural reasons but you have not met one another in person, you must provide evidence of this arrangement. If you have been unable to meet your fiance(e) before applying for a K-1 visa due to "hardship reasons," such as severe physical disability, a waiver may be obtained to bypass this eligibility requirement.

Eligibility Requirements For the Children of Your Fiance(e) under a K-1 Visa:

If your fiance(e) is a foreign national and he or she has children who are not married and are under the age of 21, they may be able to come to the U.S. using your fiance(e)s K-1 visa and apply for their own green cards within the 90 days that they are allowed to be in the United States. The visa of your fiance(e)'s children is called a K-2 visa. Your fiance(e)'s natural children, adopted children, and any children born out of wedlock that your fiance(e) legally recognizes as his or her child may apply for this visa, as long as they are not deemed inadmissible to enter the United States.

Who Cannot Enter The United States
A person is not eligible to apply for a K-1 visa, a K-2 visa, a K-3 visa, or any other kind of visa that would grant them legal entry into the United States if he or she:

• Has HIV or any other type of communicable disease.
• Suffers from a mental or physical disorder that could cause them to harm others.
• Has a record of drug abuse.
• Has a criminal record.
• Is directly related to a known drug trafficker and may have consciously benefited from money resulting from the sale of narcotics.
• Has ever committed espionage.
• Belongs to a totalitarian party.
• Is a Nazi or has ever taken part in propagating any kind of genocide.
• Has ever lied by illegally claiming to be a U.S. citizen.
• Has spent time in the United States illegally.
• Has ever been deported or asked to leave the U.S.
• Is married to more than one person.
• Has abducted a child over international borders.
• Is subject to the two-year foreign residency requirement under a J-2 or J-1 exchange visitor visa.
• Would have no means of financial support once they had entered the United States.
• Has ever committed marriage fraud.

Filing a K-1 visa so that you and your fiance(e) can live in the United States together is an important matter. It is important that you file your visa application correctly. Any omissions on your part, such as not providing the proper documents and information, could cause unnecessary delays and, quite possibly, result in the denial of your K-1 visa application.

An experienced immigration lawyer can help you file your K-1 visa petition correctly. Your immigration attorney can also take you through the entire process, make sure that you submit all the necessary paperwork, help expedite the process for you by communicating with immigration and consulate officials, and make sure that any unnecessary problems do not arise with the United States Citizenship and Immigration Services (USCIS).

At Sagaria Law, P.C., our immigration attorneys can help you and your fiance(e) file your K-1 visa petition and guide you through the steps you will need to take to get your visa approved. We can also help your fiance(e) apply for his or her green card once you are married and living together in the United States. We have successfully helped many couples begin their married lives together in the U.S. by helping them secure a K-1 visa.

Our immigration clients who have come to the United States on K-1 visas can be found living in cities and towns across the United States including the metro areas of San Francisco, Chicago, New York, Washington D.C., Los Angeles, Dallas, Atlanta, Seattle, and Miami.

If you have any questions or you would like to schedule your free consultation with an immigration lawyer at Sagaria Law, P.C., please call us at 1-800-941-6730 or contact us online.