A U.S. citizen who marries a person while outside the U.S., can file a relative petition if the couple plans to live in the U.S. This petition is the first step towards the new husband or wife becoming a permanent resident.

However, sometimes the U.S. citizen and his or her fiancé(e) want to get married in the U.S. The K1 nonimmigrant category allows the U.S. citizen to file to bring the fiancé(e) to the U.S., so that the two can marry here. The U.S. citizen and fiancé(e) must have decided to marry, not simply wish to have the opportunity to spend time together to decide whether to marry.

This status cannot be granted to a person who is already in the U.S. If granted, status will be given for 90 days and cannot be extended. If the two marry within this period, this status becomes a pathway to the U.S. citizen’s new husband or wife transitioning to permanent residence, by allowing him or her to apply for adjustment of status.

The fiancé(e)’s unmarried children may be granted K2 dependent status to accompany the K1 fiancé(e). This fiancé(e) nonimmigrant process is only available to U.S. citizens. It is not available to permanent residents or persons with any other immigration status.

If you are in the process of filing application of this type, you will need qualified legal help on your side.  For experienced employment visa advice, contact us today (toll free) at 1-888-678-5724 for a free consultation with an immigration attorney. We look forward to protecting your rights and serving your immigration needs.