The K-1 Visa allows a foreign national to enter the United States for a period of 90 days in order to marry an LPR or U.S. citizen to whom the alien is engaged to be married.
In order to enter the country on a K-1 Visa, a petition must be approved at the appropriate USCIS Service Center and the foreign beneficiary must pass a personal interview at the U.S. consulate or embassy in his or her country. The purpose of the interview is to verify the validity of the relationship and the qualifications of the U.S. citizen spouse to act as a sponsor. The sponsor must provide evidence of good moral character as well as proof of adequate income and/or assets for sponsorship.
The Fiancé Visa allows a couple up to 90 days to make the important decision on marriage. Generally speaking, our firm prefers to help clients file Fiancé Visas rather than have the clients marry and then pursue an I-130 petition (consular processing) or file a K-3 petition.
On the other hand, considerations such as the alien spouse’s country of origin and the couple’s personal preferences will shape the process. The best way to identify which process is right for you is to consult with an experienced immigration lawyer. An attorney with the appropriate background can explain these and other issues, such as the legal implications of marrying a foreign national (e.g. affidavit of support issues, community property laws, alimony, etc.)
To learn more about the K-1 Visa and to get advice on which kind of process is best for you and your fiancé, please contact our immigration law offices today for a free consultation.