A fiancee or fiancé of a U.S. citizen may enter the U.S. under the K-1 fiancé visa program to marry the Petitioner. Children of the K-1 beneficiary may accompany or follow to join the K-1 beneficiary and enter the U.S. on a K-2 visa. The couple must marry during the 90 day period to avoid the K-1 beneficiary from falling out of status. She may also be granted work authorization during the 90 day period. However, should the marriage not take place as required, the K-1 visa holder must depart the U.S. immediately or they will no longer be considered to have legal status as of the 91st day. Unfortunately, there are other very severe restrictions placed on a K-1 beneficiary as detailed below.
Additionally, the International Marriage Broker Act of 2005 or IMBRA places additional burdens on US Petitioners AND international marriage brokers or match-makers for the protection of the K-1 beneficiary.
Eligibility for a K-1 Petition
Both the K-1 beneficiary and the Petitioner must demonstrate the following:
that they have met at least 2 years prior to the submission of the application;
that both parties are free to marry (are not otherwise married to someone else);
that the K1 beneficiary is otherwise admissible to the U.S.
Under the International Marriage Broker Act of 2005 (IMBRA), additional requirements for the Petitioner as well as for international marriage brokers must be met. For background and additional requirements that must be met under the International Marriage Broker Act of 2005 which protect the K-1 beneficiary, click here.
K-1 Admissiblity
Assuming approval of the K-1 Petition, the K-1 beneficiary must undergo medical evaluations and obtain the appropriate police clearances and otherwise demonstrate she is admissible prior to being granted a K-1 visa. This includes demonstrating he or she will not be a public charge (go on welfare or otherwise obtain financial support from the US or State government program assistance) and that the US citizen Petitioner has the financial means and ability to provide for their fiancé while they are in the U.S.
Speak with a qualified attorney and schedule a Case Evaluation to avoid delays in your case.
RESTRICTIONS ON K-1 STATUS
Unlike other visas, the K-1 visa holder cannot extend or change status. Moreover, a K-1 visa holder cannot get a green card except on the basis of marriage to the original K-1 petitioner. This carries great weight because if the K-1 beneficiary decides not to marry, or the Petitioner refuses to marry her, and she falls out of status, she cannot fix her status and become legal again while here in the U.S. even if he or she were to meet someone else or even find an employer willing to sponsor her. The only exception is if there was abuse or domestic violence in the relationship with the Petitioner, in which she may apply for U interim relief. If the K-1 beneficiary marries the K-1 petitioner, and there is abuse in the relationship, she may self-petition for a green card for herself and any minor children in the U.S. in K-2 status under the Violence Against Women Act or VAWA. Both U Interim Relief and VAWA are also available to protect Male victims.
K-3 VISA FOR SPOUSES OF US CITIZENS
The K-3 visa is specifically for spouses of U.S. citizens seeking to enter the U.S. The K-3 beneficiary must apply for the K-3 visa at a consulate in the country where the marriage took place. The purpose of the entry into the U.S. is so that he or she can apply for permanent residency at a local USCIS office. Minor children accompanying or following to join the K-3 Beneficiary are accorded K-4 status.
EMPLOYMENT AUTHORIZATION
Both the K-3 and K-4 are work authorized incident to status, however, form I-765 must be filed to obtain a employment authorization document. They may also attend school in the U.S. without restriction and are eligible to obtain Social Security numbers.
