The K-1 visa allows a foreign national who is engaged to a U.S. citizen to enter the United States in order to get married and apply for a green card. This includes same sex & LGBT fiancés. The foreign spouse may bring his/her dependents/children under K-2 visas.
To qualify for a K-1 fiancé visa:
- The petitioner must be a U.S. citizen
- The couple must intend to marry within 90 days of the fiancé(e) entering the United States
- The couple must be free to marry one another (i.e., if previously married, the party must provide proof of a divorce or death certificate)
- The couple must have met each other at least once in the two years preceding the application (unless doing so would violate a cultural/social practice or result in extreme hardship)
The U.S. citizen spouse must first file a K-1 application. Once approved, the fiancé will apply for the K-1 visa at the U.S. consulate abroad. Upon approval, the fiancé enters the United States and marries the U.S. spouse within ninety days. Once married, the foreign spouse can adjust her status to a U.S. permanent resident. The fiancé is also eligible to apply for employment authorization immediately upon entry into the U.S.
K-2 Visa for Dependents
Unmarried children under 21 of the foreign fiancé are eligible to enter the United States as K-2 dependents of the K-1 fiancé.
Our K-1 Legal Services
We have had countless K-1 visa applications successfully approved. We assist our clients from start to finish, including: a thorough review of both applicants’ eligibility for the visa; preparing the petition and supporting evidence; arranging the K-1 interview at the U.S. consulate; preparing the foreign fiancé for the K-1 interview; preparing the foreign fiancé for entry into the U.S.; filing the adjustment of status application and supporting evidence; and preparing both spouses for the final green card interview.