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Publications

August, 2010

FIANCE(E) OF U.S. CITIZEN (K-1)

Electronic media communication has surged so rapidly in the last two years that it has affected all walks of life, particularly so in dating. Facebook, electronic dating services, individual searches through Google, Yahoo and other internet services have created a revolution in the way young people find each other, nationally and internationally.
This new world has created an immigration rush for the K-1 visa established so that American citizens can expeditiously bring their fiancé(s) to the U.S. The K-1 visa is available so a U.S. citizen may bring a fiancé(e) here to marry. After entry, the citizen and the fiancé(e) must marry within 90 days. Minor children of the fiancé(e) may be admitted as well.


PROCEDURE TO BRING THE FIANCE(E)


The petition must be filed with the Immigration Service in the district where the U.S. citizen lives. The couple must establish that each party has the right to marry, viz. not presently married and that the engaged couple has actually met within two years of the filing of the petition. A Waiver is possible based on the customs of the fiancé(e)’s country or for example where extreme hardship would occur as in a case of physical incapacity. Any criminal record of the U.S. citizen must be disclosed because of the danger of possible abuse or a threat to the safety and security of the foreign fiancé(e) and any accompanying minor child. The K-1 petition will be terminated if the petitioner at any time before marriage withdraws the petition or dies. After the Immigration Service has approved the petition, notice of the approval will be sent to the Consulate where the beneficiary fiancé(e) resides so that the Consul may determine if there is any bar to eligibility.


BARS TO ISSUANCE OF K-1 VISA


The Consul must determine that the marriage would be legal, for example, if the foreign fiancé(e) is only 14 or because a divorce has not been finalized, then the Consul can deny the application. If the U.S. citizen petitioner has filed previously two or more K petitions within 2 years of this application, the Consul may in his/her discretion question the petitioner and deny or grant the petition. When the fiancé(e) enters the U.S. work authorization is immediately granted.


AFTER ARRIVAL TO THE U.S.


If the marriage does not occur within 90 days, the foreign fiancé(e) may neither change status nor adjust status based on another basis than marriage to the U.S. petitioner. The K-1 fiance(e) and minor children are then required to depart the U.S.


If the marriage takes place, the foreign spouse may apply for conditional residence status. Two years later, the couple may jointly petition to make the conditional spouse a permanent resident or if the couple has separated and divorced, the foreign spouse may self petition on the showing of the divorce and upon a demonstration that the marriage was entered into in good faith. The Immigration Service normally interviews the self petitioning spouse to verify that the marriage was entered into in good faith and evidence may be presented such as proof that the couple lived together, and providing documentation and witnesses may also be called to prove that the foreign spouse acted in good faith.

If you are a U.S. citizen and contemplating bringing a foreign fiancé(e) to the U.S. or if you are a foreign fiancé(e) and wish to know more about the procedure, call us for information at 212-944-9420.

 

If you need help or advise, call us at 212-944-9420.

Our assistance is only a phone call, or e-mail communication away!


New York Immigration Lawyers > Immigration Publications > August 2010
Publications

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December 2011

J EXCHANGE VISAS

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DEPORTATIONS REVIEWED, PROSECUTORIAL DISCRETION

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SELF- PETITIONS - PROVISIONAL RESIDENTS SEPARATED OR DIVORCED FROM U. S. SPOUSES

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November 2011

U VISAS: VICTIMS OF TRAFFICKING AND VIOLENCE

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September 2011

BPARTNERS AND INELIGIBLE FAMILY MEMBERS: B-2 STATUS & EXTENSIONS

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BUSINESS VISAS FOR START UP COMPANIES

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TRAINING VISAS (H-3)

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August 2011

ENTREPRENEURS - SELF PETITIONS

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WAIVERS

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July 2011

REMOVAL, PHYSICAL

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PROSECUTORIAL DISCRETION: FOCUSING ON ENFORCEMENT PRIORITIES

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INVESTORS : IMMIGRANT VISAS: EB-5

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INVESTOR VISAS E-2

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June 2011

NATURALIZATION, WHY & HOW

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CHILD CITIZENSHIP ACT

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ADVANCE PAROLE

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May 2011

O VISAS FOR EXTRAORDINARY ABILITY IN BUSINESS, SCIENCE, ARTS OR ATHLETICS

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SAME SEX MARRIAGE, REPRIEVE OF DEPORTATION

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K-1 FINANCE VISA AND DIVORCE

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April 2011

H-1B PETITIONS FOR FISCAL YEAR 2012

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GUILTY PLEAS TO CRIMES – IMMIGRATION IMPACT

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VAWA- VIOLENCE AGAINST WOMEN ACT

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DETENTION OF IMMIGRANTS

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March 2011

REMOVAL REMEDIES

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U VISA

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February 2011

Asylum Application filed late: What are your options?

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January 2011

CONSULAR VISA PROCESSING

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PROSECUTORIAL DISCRETION

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VOLUNTARY DEPARTURE - WHAT HAPPENS IF AN ALIEN FAILS TO LEAVE?

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December 2010

DRIVING WITHOUT A LICENSE AND STOPPED BY POLICE

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H-1B VISA AVAILABILITY SOON TO CLOSE

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APPEALS TO THE BOARD OF IMMIGRATION

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November 2010

J-1 WAIVER OF THE TWO YEAR FOREIGN RESIDENCE REQUIREMENT FOR EXCHANGE VISITORS

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CO-SPONSORSHIP, AFFIDAVITS OF SUPPORT

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WORK AUTHORIZATION

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DERIVATIVE CITIZENSHIP FOR CHILDREN BORN ABROAD

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October 2010

CITIZENSHIP APPLICATIONS

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T and U VISAS, REVISIONS TO THESE PROGRAMS

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APPEALS OR MOTIONS TO REOPEN AND RECONSIDER IN ASYLUM CASES AND JUDICIAL REVIEW

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DEPORTATIONS: SHIFT IN U.S. POLICY

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September 2010

RELIGIOUS IMMIGRANT WORKERS

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INTRA-COMPANY TRANSFEREE (L-1)

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PARDON REVIEW PANEL

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August 2010

TEMPORARY VISITORS (B-1 BUSINESS, B-2 PLEASURE) AND EXTENSIONS OF STAY

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BATTERED SPOUSES, PARENTS AND CHILDREN

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FIANCE(E) OF U.S. CITIZEN (K-1)

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July 2010

GREEN CARDS, NEW, SECURE AND PRIVATE, VALID FOR TEN YEARS

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DEPORTATION ORDERS MAY BE REOPENED

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June 2010

NATURALIZATION

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May 2010

Help for Immigration cases in Arizona

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April 2010

H-1B WORK VISAS

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March 2010

U.S. CITIZENSHIP FOR FOREIGN BORN & ADOPTED CHILDREN

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February 2010

TEMPORARY PROTECTED STATUS (TPS)

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ASYLUM

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January 2010

EXTENSION OF STAY AND CHANGE OF STATUS

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December 2009

GREEN CARDS

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November 2009

H-1B, SPECIALTY OCCUPATION

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October 2009

ASYLUM WAIVER APPLICATION

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September 2009

TPS DENIALS MAY NOW BE APPEALED TO AN IMMIGRATION JUDGE

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August 2009

INTRA-COMPANY TRANSFEREES (L-1)

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ASYLUM FOR BATTERED WOMEN

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July 2009

DEATH OF A U.S. PETITIONER:

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June 2009

ARRESTS OF UNDOCUMENTED ALIENS

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May 2009

CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS

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April 2009

VISITORS AND BUSINESS VISAS

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March 2009

RAIDS AND ROUNDUPS, IMMIGRATION

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February 2009

SPECIALTY OCCUPATION H-1

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January 2009

DEPORTATION ORDERS REOPENED

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December 2008

DIVORCE DOES NOT AUTOMATICALLY INVALIDATE

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November 2008

WHAT WE MAY EXPECT FROM PRESIDENT-ELECT OBAMA’S FIRST TERM

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CANADA OR MEXICO THREE YEAR PROFESSIONAL WORK VISAS

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October 2008

NEW BUSINESS START UP: L OR E VISAS

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September 2008

EXTENSIONS OF TEMPORARY STATUS

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August 2008

CHILDREN OF U.S. CITIZENS

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July 2008

MOTIONS TO REOPEN BASED ON CHANGE OF CIRCUMSTANCES AND NEW EVIDENCE

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June 2008

CHILD STATUS PROTECTION ACT, RECENT REVISIONS

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SPECIALIZED KNOWLEDGE FOR INTRA-COMPANY TRANSFEREES

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May 2008

EXTRAORDINARY ABILITY

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LABOR CASES - HIGHER EDUCATION

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April 2008

PAROLED ALIENS, ARE ELIGIBLE FOR GREEN CARD

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March 2008

IMMIGRANT, PUBLIC BENEFITS

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February 2008

IMMIGRATION INJUSTICE CORRECTION

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January 2008

FAST ACTION FOR IMMIGRATION DELAYS

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December 2007

BATTERED SPOUSE OR CHILD

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REVIEW OF GREEN CARD DENIAL

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November 2007

DIVERSITY VISA PROGRAM, 2009 LOTTERY

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September 2007

DETENTION AND REMOVAL, HELP AVAILABLE

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August 2007

A WAY TO OBTAIN RESIDENCE

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July 2007

EMPLOYMENT VISAS

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June 2007

IMMIGRATION REFORM

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