Your Journey to Marrying Your Fiancé(e) in the U.S. : Understanding K-1 Visas

What is the K-1 Visa?

Start your journey to love and marriage in the U.S. with a K-1 Visa! A K-1 visa is a nonimmigrant visa designated for the foreign-citizen fiancé(e) of a United States citizen. This visa allows a foreign-citizen fiancé(e) to travel to the United States and get married to their U.S. citizen sponsor within ninety days of arrival. After the marriage, the foreign-citizen can apply for an adjustment of status to a permanent resident (LPR). The K-1 visa is a bridge to permanent residency in the U.S. by allowing the holder to marry a U.S. citizen shortly after arrival and then apply for a change of status to obtain a green card. 

What are the eligibility requirements?

To be eligible for a K-1 visa, the petitioner must be a U.S. citizen. Additionally, both the U.S. citizen and their foreign-citizen fiancé(e) need to have been legally free to marry at the time the petition was filed and must remain so until the marriage. Also, the couple is required to have met in person at least once within the two years prior to filing the visa application. Exceptions to this requirement are granted only if meeting in person would go against strict customs or cause extreme hardship to the U.S. citizen.

Can You Bring Your Children With You to the U.S.? 

Yes, children of K-1 visa applicants may be eligible for K-2 visas. To qualify for a K-2 visa, each child must be unmarried and under the age of 21 upon entering the United States. Your children do not need separate petitions. They can apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), which your U.S. citizen fiancé(e) filed for you. Ensure your U.S. citizen fiancé(e) includes your children’s names on the petition. Each child must submit a separate visa application and pay the K visa application fee. After marrying your U.S. citizen spouse, your children must file their own applications for adjustment of status as they cannot be included on yours. 

Your children have the option to accompany you to the United States or to travel later (follow-to-join). They must travel within the validity period of their K-2 visas. If they travel within one year of the issuance of your K-1 visa, separate petitions are not needed. However, if they wish to travel after one year from the issuance of your K-1 visa, they will need separate immigrant visa petitions. If your child holds a valid K-2 visa and you have already become a permanent resident, your child can still use their K-2 visa to travel.

How Rahimi Law Firm P.C. Can Help

Rahimi Law Firm P.C. specializes in U.S. immigration processes, including K-1 visas. Our experienced attorney Elliot Rahimi can provide guidance through every step of the process, ensuring all legal requirements are met and improving the chances of a successful application. Whether it is preparing your petition, assisting with visa interviews, or handling adjustments of status, Rahimi Law Firm P.C. is here to help you and your loved one begin your life together in the United States.

For more information or to schedule a free consultation, contact Rahimi Law Firm P.C. today.