The purpose of the K1 visa or fiancee visa, as it is often known, is to allow the male/ female fiancee of an American citizen to enter the U.S. for a period of 90 days so that they can marry the American citizen.
This in itself is not permission to stay indefinitely as it is only valid for three months. The marriage must occur during the 90 day period. After marriage they will need to make a separate application to the Department of Homeland Security to have their status adjusted to permanent resident. The dependents of the foreign fiancee, who must be under 21 years of age, are permitted to enter the US on a visa known as a K-2 which is not separate to the fiancee visa, but part of the K1 visa application.
The first step in obtaining a K1 visa is that the U.S citizen must submit a petition for his or her fiancee with the office of the Department of Homeland Security, which has jurisdiction over the application.
The requirements for the K1 visa are that the American citizen must prove that he or she has met their fiancee in person at least once in the previous two years before the date of submitting the fiancee visa application, unless a waiver is approved. That he or she has the intention to marry the foreigner, and that the petitioner is legally able and willing to marry within 90 days after the entry on the fiancee visa.
The next step once the request for a K1 visa has been approved by the Department of Homeland Security is that the they will then forward their acceptance of the visa application to the fiancee home country at their nearest US consulate.
The immigration official has every right to decline the visa even though the Department of Homeland Security has already approved the applicant.
The reason the consulate may decline the application is that the approval from the DHC is only an approval for marriage, but not permission to enter the United States. Permission to travel to the US is up to the consulate who will issue the entry visa.
To receive an entry visa and the actual K1 visa in their passport, the applicant will need to provide a great deal of documentation, and satisfy the consular official that this application satisfies all the legal requirements for an entry visa.
Some of the paperwork that will be needed is the following, but the consular official can request any other information that they see fit. A passport that is validity for six months or more after the date of the interview. If the passport has less than six months remaining, a new passport must be applied for.
Basic certificates of birth or previous marriage certificate are required and legal evidence of divorce or the demise of their partner if appropriate. A medical examination will also be required. They will also require evidence of a relationship between the foreigner and the American citizen, this is the most unclear part of the application and will probably require a face to face interview to establish legitimacy of the relationship, although this in many instances must come down to a feeling by the consular official.
Once the K1 visa is issued it is good for travel to the USA for up to six months, and the applicants must then marry within 90 days after entry into the USA to fulfill the terms of the fiancee visa. |
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