Fiance Visa
Posted By Steve Young on Oct 28, 2011 12:18pm PDT
The fiancé(e) visa is used by U.S. citizens to get their fiancé(e)s to the U.S. Only a U.S. citizen can petition the USCIS for a fiancé(e) visa. Once the USCIS approves the petition, the American Consulate in the country of the foreign fiancé(e) is intimated. The fiancé(e) is then called for an interview and if all goes well a fiancé(e) visa, also known as a K-1 visa, is issued.
The fiancé(e) visa is valid for 6 months and the foreign fiancé(e) then has to enter the U.S. while the visa is valid. From the date of entry, the U.S. citizen petitioner and the fiancé(e) have 90 days within which to get married. If the marriage does not take place, the fiancé(e) will have to leave the country.
Once the marriage takes place, the foreign spouse can apply to adjust status to that of a permanent resident. On approval, the spouse is given a conditional green card which is valid for two years. During the 90 days prior to the expiration of the conditional resident card, the couple will have to jointly file a petition, on Form I-751, to have the conditions on residence removed. When this petition is approved, the beneficiary gets a permanent resident card which is valid for 10 years. After 3 years as a green card holder (the two years as conditional resident included), it is possible to apply for naturalization.