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Marriage Visas
You
must petition the INS to marry in the U.S.
A citizen of a foreign
country who would like to come to the United States to marry an
American citizen and reside in the U.S. will have to obtain a K-1
visa.
PETITION
To establish K-1 visa
classification for an alien fiance(e), an American citizen must file a
petition, Form I-129F, Petition for Relative or Fiance(e), with the
Immigration and Naturalization Service (INS) having jurisdiction over
the place of the petitioner's residence in the United States. Such
petitions may not be adjudicated abroad. The approved petition will be
forwarded by INS to the American consular office where the alien
fiance(e) will apply for his or her visa. A petition is valid for a
period of four months from the date of INS action, and may be
revalidated by the consular officer.
VISA
INELIGIBILITY/WAIVER
Applicants who have a
communicable disease, or have a dangerous physical or mental disorder;
are drug addicts; have committed serious criminal acts, including
crimes involving moral turpitude, drug trafficking, and prostitution;
are likely to become a public charge; have used fraud or other illegal
means to enter the United States; or are ineligible for citizenship,
must be refused a visa. The two-year foreign residency requirement for
former exchange visitors is also applicable. If found to be
ineligible, the consular officer will advise the applicant if the law
provides for a waiver.
APPLYING FOR A FIANCE(E)
VISA
The consular officer
will notify the beneficiary when the approved petition is received and
provide to the beneficiary the necessary forms and instructions to
apply for a "K" visa. A fiance(e) visa applicant is an
intending immigrant and, therefore, must meet documentary requirements
similar to the requirements of an immigrant visa applicant. The
following documents are normally required:
-- Valid passport
-- Birth certificate
-- Divorce or death
certificate of any previous spouse
-- Police certificate
from all places lived since age 16
-- Medical examination
-- Evidence of support
-- Evidence of valid
relationship with the petitioner
-- Photographs*
*Two photographs 1 and
1/2 inches square (37x37mm), showing full face, against a light
background.
OTHER INFORMATION
Both petitioner and
beneficiary must be legally able and willing to conclude a valid
marriage in the United States. The petitioner and beneficiary must
have previously met in person within the past two years unless the
Attorney General waives that requirement. As soon as the processing of
a case is completed and the applicant has all necessary documents, a
consular officer will interview the fiance(e). If found eligible, a
visa will be issued, valid for one entry during a period of six
months. A non-refundable $45.00 application fee is collected.
AFTER ENTRY INTO THE
U.S.
The alien fiance(e) must
apply for work authorization with the INS. The marriage must take
place within 90 days of admission into the United States. Following
the marriage, the alien spouse must apply to the INS to establish a
record of entry for conditional permanent residence status. After two
years, the alien may apply to the INS for removal of the conditional
status.
ADDITIONAL INFORMATION
Family Members
The unmarried, minor
children of a K-1 beneficiary derive "K-2" nonimmigrant visa
status from the parent so long as the children are named in the
petition. A separate petition is not required if the children
accompany or follow the alien fiance(e) within one year from the date
of issuance of the K-1 visa. Thereafter, a separate immigrant visa
petition is required.
Employment
The alien fiance(e) must
apply for work authorization with the INS.
FURTHER INQUIRIES
For questions on where
to obtain the Form I-129F petition, and how and where to file it,
contact your local INS office for details. For questions on processing
the visa application at the American consular office overseas, contact
that consular office.
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