What is the K-1 fianc visa?

The K-1 fianc visa allows foreign fianc s of U.S. citizens to enter the U.S. for marriage.

What happens if we don't marry within 90 days?

If you do not marry within 90 days, you must leave the U.S., as the K-1 visa will no longer be valid.

K-1 Fiance Visa: A Comprehensive Guide to Its Legal Definition

Q: How long can I stay in the U.S. on a K-1 visa?

You must marry within 90 days of your arrival in the U.S. on a K-1 visa.

Q: Can my children come with me on a K-1 visa?

Yes, eligible children can apply for K-2 visas to accompany you.

Q: What forms do I need to file for a K-1 visa?

You need to file Form I-129F to initiate the K-1 visa application process.

Definition & Meaning

The K-1 fianc© visa is a nonimmigrant visa that allows a foreign-citizen fianc©(e) of a U.S. citizen to enter the United States for the purpose of marriage. Upon arrival, the couple must marry within 90 days. This visa is part of the Legal Immigration Family Equity (LIFE) Act and is commonly referred to as the K-1 visa. Eligible children of the K-1 visa holder may qualify for K-2 visas, allowing them to accompany or join their parent in the U.S.

Table of content

Legal Use & context

The K-1 fianc© visa is primarily used in family immigration law. It facilitates the legal entry of foreign fianc©s to the U.S. for marriage to American citizens. This process involves specific forms and procedures, which can often be managed by individuals using legal templates from resources like US Legal Forms. Understanding the application process and requirements is crucial for applicants to ensure compliance with U.S. immigration laws.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A U.S. citizen named John files a petition for his fianc©, Maria, who lives in Brazil. Once approved, Maria receives a K-1 visa and travels to the U.S. to marry John within 90 days.

Example 2: A U.S. citizen named Sarah has a son from a previous relationship. She applies for a K-1 visa for her fianc©, Alex, and also files for a K-2 visa for her son to accompany them to the U.S. (hypothetical example).

Relevant laws & statutes

The K-1 fianc© visa is governed by the Immigration and Nationality Act (INA), specifically under Sections 101(a)(15)(K) and 214(d). These sections outline the eligibility criteria and application process for the K-1 visa.

Comparison with related terms

Term	Definition	Key Differences
K-1 Visa	A visa for foreign fianc©s of U.S. citizens.	Requires marriage within 90 days of arrival.
K-3 Visa	A visa for foreign spouses of U.S. citizens.	For individuals already married, allowing them to enter the U.S. while waiting for permanent residency.
K-2 Visa	A visa for children of K-1 visa holders.	Allows children to accompany or join their parent in the U.S.

Common misunderstandings

What to do if this term applies to you

If you are a U.S. citizen planning to marry a foreign fianc©(e), you should start by filing Form I-129F to apply for the K-1 visa. Gather necessary documentation, including proof of your relationship and evidence of your U.S. citizenship. Consider using US Legal Forms for templates to assist with the application process. If you encounter complexities, consulting with a legal professional may be beneficial.

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Quick facts

Attribute	Details
Visa Type	K-1 Nonimmigrant Visa
Marriage Requirement	Must marry within 90 days of arrival
Eligible Children	K-2 Visa for children
Processing Time	Varies, often several months