The K class visa is an "alien fiance(e)" visa, which is a nonimmigrant
visa. A US citizen who wishes to marry a foreigner may file a 'K'
class petition (I129F) which, when granted, allows the foreigner to
enter the US and marry within 90 days of arrival. Once married, the
foreigner should file for conditional permanent residence. There are
two types of ' K' class visas:
K1 - for direct fiance(e)
K2 - for children of fiance(e)
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
What is the validity period for the' K' visa and what are the conditions that go along with it ?
A3
Upon approval and succesful passing of the medical exam and interview at the foreign consulate, the result will be given with 3 distinct deadlines.
(I) A visa will be issued upon approval and successful passing of medical exam and interview at
the foreign consulate, the result will be three distinct deadlines:
(1) A visa will be issued with a validity of 180 days. You have to enter
the United States before the Expiry date shown on that visa
(2) From the date of entry another deadline becomes effective. You
have to marry your fiance(e) within 90 days after entering the USA
on a K-1 visa
(3) After the marriage you have another deadline to inform the USCIS
that you have married and apply for change of visa status.The times can vary greatly. Please check USCIS Service Center Processing Times for times. Related discussions and community input can be found at K Visas.
What are the forms which are required for the petition?
A4
Forms needed: the G-325A, Biographic Information, must be filled
out for the petitioner and the fiance(e), and the I-129F Petition
for Alien Fiance(e).
Varies widely, but quotes here in Los Angeles were:
$1500 due upon approval of petition
$1200 covering both fiance(e) visa *and* eventual green card
**note**: approval of the petition does not complete the process of
obtaining a fiance(e) visa!! The fiance(e) must still be interviewed
and approved by the consulate.
The fiance(e) should call the US consulate, and an
interview will be scheduled after the fiance(e) has gathered the
following items:
--Two certified copies of the birth certificate.
--A passport valid for at least 6 months.
--A police certificate in duplicate, certifying no criminal record.
--A medical examination by a doctor approved by the
consulate will take place before the interview.
--Four color photographs.
--Evidence of support in the US --proof that the fiance(e) will not
become a charge of the USA. Form 167 details what is needed;
the Affidavit of Support (I-134) is the usual method. This form
requires:
1) Income, property, and investment information.
2) Loans and expenses.
3) Willingness to deposit a bond with immigration.
4) Acknowledgment of the Social Security Act....
5) Notarized copies of latest tax return.
6) Statement from employer about salary.
7) Statement from bank officer about accounts...
8) If well established as a business owner, a rating from
a rating agency.
- For previously married persons, two copies of their marriage
certificate and proof of termination.
1.Proof of the relationship.
2.Photos showing the two of you together, letters and correspondence,
telephone bills, airline tickets, etc.
The USCIS is very interested in being certain that it is not a "sham"
marriage for the purpose of immigration. Typical questions can be asked like
where you met, where the US citizen works........
Are there any special requirements to be fulfilled depending upon local customs like those in Ukraine?
A10
I was looking at your K-1 Visa information and noticed that there is
nothing mentioned in detail regarding the parent bringing his/her children
to the U.S. When filling out fiance(e) papers, children are, of course,
normally included on the application filled. However, since my Fiancee
will be bringing her child with from the Ukraine, she is also required to
obtain from her ex-husband, his permission, in certified writing, to allow
her to bring the child to US. Also, these "permission" papers must also
be translated into English and certified. My Fiance submits these
"permission" papers with her own documents to the U.S. Consulate
in Warsaw, Poland. This does not mean of course, that the father
gives up his rights for the child, but merely allows the child to move to
the U.S. Separate legal action, after the child has arrived into
the U.S. can then be taken-up to attempt adoption by the
new "step-parent". I do not know, at this time, if there are similar
requirements for "permission papers" from other countries.
I wanted to pass this information on to you and any interested readers.
If anyone would like additional information regarding the information
I just offered, they are welcome to contact me via e-mail and I wil
l gladly try to help.
My fiance has recently been accepted for the K1 visa. Once he moves to the U.S, can he begin working here, or does he have to have work authorization before he can work? If he has to get authorization, how would he go about doing so?
What forms should K-1 visa holders file to change status in USA after
getting married to an American citizen?
A13
The following forms should be filed: Form I-130, Petition for Alien
Relative; Form I-485, Application to Register Permanent Residence; Two
completed and signed G-325A's (one from the petitioner and one from the
beneficiary); Form I-765, Application of Employment Authorization; and Form
I-131, Application for Advance Parole.
What would be the status of K-1 visa holders' after filing the
application for Adjustment of Status?
A14
Once the Petition for Alien Relative and application to Register
Permanent Residence is filed at the USCIS , the K-1 visa holder's status
changes to an applicant with a pending Adjustment of Status. Upon receiving
the work authorization card (EAD), s/he can start working while their case
is pending and can travel outside the country so long as they have an valid
Advance parole.
