Understanding the Fiancee Visa

The K-1 visa, also sometimes known as the Fiancee Visa, is used to allow a US citizen’s intended spouse to enter the US for the purpose of getting married. The visa allows a US citizen’s fiancée to enter the US for a period of 90 days. Within this 90 days, the couple must be married. Once this is done,the couple can apply to have the K-1 visa holder apply for a change of status, in order to become a permanent resident of the US.

Immigration through marriage is possible through the Fiancee visa. However, anyone entering the US on this visa must be willing to get married within 90 days of entering the US. Failure to do so means having to leave the country again. As well, it is important to only fill out the immigration forms for a K-1 visa if a couple are truly planning to get married. Deciding to get married solely to achieve immigration status is considered immigration fraud and carries hefty penalties. By filling out the immigration forms for a Fiancee Visa, a couple a declaring that their marriage will be a valid one. Immigration officials may follow up with a couple to ensure that the pair are truly a couple. In cases where immigration fraud is suspected, immigration officials may question the couple or even the couple’s friends and family, to determine whether the relationship is valid. For this reason, it is important to fill out the immigration forms for this visa very honestly and completely.

Many couples like to get outside help when completing these forms so that they do not inadvertently create the wrong impression on these forms. When applying for a Fiancee visa, it can be very easy to leave the wrong impression. For example, in filling out the form a fiancé may reveal that he intends to support his new bride financially. While this can seem like simply a show of support and caring, it can also make it appear that the relationship is founded on benefits. Some couples turn to experts who can help them depict their relationship accurately and in a way that is acceptable to immigration officials. The good news is that the majority of Fiancee visas are approved. In 2009, for example, the US State Department guidance on immigration for spouses and fiancé(e)s of US citizens report found that 95% of visa applications for a K-1 visa were approved.

In addition to the K-1 fiacee visa, there are also other categories of this visa. For example, the K-2 visa is used to allow the children of a non-US fiancee enter the US. The K-3 visa allows the foreign spouse of a US citizen to enter the US – this visa is used when the marriage takes place someplace other than the US. As well, the K-4 visa allows the children of a K-3 visa holder to enter the US as well.

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