K-1 Visa Petition – For U.S. Citizens to Marry a Foreign National in the U.S.
The K-1 visa petition can be filed by U.S. citizens who wish to marry their foreign national fiancé (male) or fiancée (female) in the U.S. To apply for the U.S. Fiancée Visa both the partners should either be unmarried or their previous marriages should have been legally settled through a divorce, annulment, or death of their prior partner.
The individual applying for the K-1 visa is required have to met with person intended to marry within the previous two years. Although, if there is any long followed custom or tradition that would violated and pose a hardship in your meeting, this requirement can be exempted. It is also mandatory that the marriage should take place within 90 days of your fiancé / fiancée entering the United States. The US Fiancée Visa also has provisions to accommodate your fiancé/ fiancée children in the United States who are below 21 years and are unmarried.
Application of fiancé visa / fiancée visa (K-1 visa) is not mandatory for legal permanent residents. They can very well apply for immigration even after the wedding.
The U.S. marriage visa can be obtained at the U.S. Embassy or consulate abroad, once the petition is approved. Until the arrival in the United States, the fiancé / fiancée are required to remain unmarried.
In occasions when any of these rules are violated, the fiancé / fiancée will be notified to leave the United States. They will be treated as a nonimmigrant until the marriage takes place. An extension to the 90 day original nonimmigrant U.S. marriage visa is also not entertained.
There are several ways to check the status of K-1 visa. One can check it online, by phone, or by contacting the suitable USCIS office. In case, the petition is denied, it can be reapplied within 33 days of receiving the denial mail.