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A K-1 visa is issued to the fiancé(e) of a U.S. citizen who wishes to enter the United States. The U.S. Citizen must petition on behalf of their future spouse with the USCIS. Once the foreign fiancé(e) is granted a K-1 Visa, they can either marry their U.S. citizen petitioner within 90 days of entry into the United States or leave the country. Once the couple gets married, the foreign individual can "adjust status" to receive their Green Card.
If a U.S. citizen gets engaged to a foreign fiancé(e) while overseas, Form I-129F, Petition for Alien Fiancé(e), can be filed. In order to file this petition, the following criteria must be met:
There are two exceptions to this requirement which require the filing of a waiver:
Once Form I-129F is approved, the USCIS forwards the approved petition to the National Visa Center, which will then process and deliver the package to the U.S. consulate nearest the fiancé(e)’s foreign place of residence. The fiancé(e) will be invited to apply for a fiancé(e) visa. The fiancé(e) will need to undergo a medical examination and complete Forms DS-256 and DS-256K. The U.S. citizen must prove that they can financially support their fiancé(e) by filing Form I-134 (Affidavit of Support). There may also be an interview with a consular officer.
If approved, the fiancé(e) may enter the United States with the fiancé(e) visa. The fiancé(e) will be authorized to stay for 90 days from the date of entry, during which time the U.S. citizen and the fiancé(e) must marry. If the couple does not marry within 90 days, the fiancé(e)’s Status expires, and he or she must leave the U.S.
If the marriage takes place, the foreign spouse must file Form I-485, Application to Register Permanent Residence or to Adjust Status to apply for permanent residence. When approved, the foreign spouse will receive a Conditional Permanent Resident card valid for two (2) years. The conditions of the Green Card can be removed through Form I-751, Petition to Remove the Conditions of Residence, within 90 days before the Permanent Resident card expires. When such conditions are removed, a ten-year Green Card is issued for the foreign spouse.
If a U.S. citizen chooses to marry a foreign fiancé(e) overseas, then the U.S. citizen can file Form I-130, Petition for Relative, on behalf of the foreign spouse. Once the I-130 is approved, the USCIS forwards the approved petition to the National Visa Center, which will then process and deliver the package to the U.S. consulate nearest the fiancé(e)’s foreign place of residence. The spouse will then be invited to apply for an immigrant visa. There will be an interview at the consulate and, if the immigrant visa is granted, the foreign spouse may enter the U.S legally and become a permanent resident.
A U.S. citizen may also choose to marry a foreign fiancé(e) in the United States. In that case, Forms I-130 and I-485 must be filed on behalf of the non-citizen spouse. Such an alternative is only available for non-citizens who entered the country with inspection. Once USCIS approves the Application to Register Permanent Residence or Adjust Status, the non-citizen spouse will become a permanent resident. If the marriage is less than two years old when Form I-130 is filed, the non-citizen spouse will receive a Conditional Green Card, valid for two years. The conditions can be removed through Form I-751, Petition to Remove the Conditions of Residence, within 90 days before the Permanent Resident card expires. When such conditions are removed, a ten-year Green Card is issued for the foreign spouse.
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