A category K-1 visa is granted to a fiancé(e) who’s planning to marry a US citizen within 90 days of entering the US. After the wedding, the foreign spouse can apply for a Green Card, although if the intended wedding doesn’t take place within 90 days, he or she must leave the United States of America. A K-1 visa holder may leave the US and return during the 90-day period before the marriage takes place, but there’s no provision for extending the visa period or obtaining another category of visa.
A couple must have met and seen each other within the past two years unless this is prohibited under the doctrines of their religion, in which case they must show that arranged marriages are a family or religious custom.
You may not enter the US as a tourist or non-immigrant worker with the intention of marrying a US citizen using the K-1 Visa, doing so can (and likely will) result in serious penalties if you’re discovered.
If the situation is reversed in that the U.S. citizen is living abroad and marries an alien the process is somewhat different. There are a number of different ways to file the petition, and depending upon your circumstances one can take far longer than the other. If you wish more information it is advised to call us to book a legal consultation so that we are better able to assist you with your inquiry!
The K-1 or K-3 visa holder can apply to work immediately upon their arrival in the United States, subject to permission being granted by the USCIS. The unmarried children who are aged 21 years or younger of a fiancé receive a K-2 visa and may immediately follow their parent to the US, or follow within the space of one year, If they do not follow within this one-year time frame, they will be required to file a separate visa petition. The children may study in America but are not permitted to work. If your children are a concern, please contact GetMeAVisa and we may be able to assist you in providing them with paths to work in the United States of America.
For more information please call us on UK 0207 0784 127 or alternatively use the call request form, and we’ll get back to you as soon as possible!