A K-1 visa is a nonimmigrant visa issued to the fiancé(e) of a United States ^ b. English is the de facto language of American government and the sole language spoken at home by 80% of Americans age five and older. Spanish is the second most commonly spoken language citizen to enter the United States. A K1 visa requires a foreigner marry his or her US citizen petitioner within 90 days of entry, or leave the US. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States. Although a K-1 visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States Embassies and Consulates worldwide.

Contents

Background

The Immigration and Nationality Act of 1952 The Immigration and Nationality Act of 1952 (also known as the McCarran-Walter Act) restricted immigration into the U.S. and is codified under Title 8 of the United States Code. The Act governs primarily immigration and citizenship in the United States. Currently under this act effective from December 24, 1952 to present, the definition of the &, as amended, allows several ways for an American citizen to petition a foreign loved one to immigrate to the United States. Traditionally, an American would marry his or her spouse in a foreign country and then petition the spouse to immigrate to the United States. Spouses of US citizens receive immediate preference to immigrate to the United States. However, in some cases a foreign citizen and an American citizen cannot legally marry in a foreign country, even though the marriage would have no legal impediments in the United States. For example, some countries require a parent's permission to marry even for adults, or forbid marrying outside of one's religion or ethnic group. Additionally, some couples prefer to have their wedding in the United States. It is in these circumstances such that a K1 visa is especially useful.

Process of Applying for a K1 visa

An American begins the process of petitioning a foreign fiancé(e) by filing a form I-129F with United States Citizenship and Immigration Services United States Citizenship and Immigration Services is a bureau of the United States Department of Homeland Security (DHS). It performs many administrative functions formerly carried out by the legacy United States Immigration and Naturalization Service (INS), which was part of the Department of Justice. The stated priorities of the USCIS are to (USCIS). Official instructions are available from the USCIS web site, or the US Department of State The United States Department of State, often referred to as the State Department, is the Cabinet-level foreign affairs agency of the United States government, similar to foreign ministries, foreign offices, ministries of external relations, etc. in other countries. It is administered by the Secretary of State, the office currently held by Hillary web site. No attorney or other intermediary is necessary to petition someone for a K1 visa, however some choose to hire an attorney to handle the paperwork and facilitate the process.

Once a visa petition has been filed, the USCIS service center sends it to the National Visa Center of the State Department, which in turn forwards it to the Embassy or Consulate nearest the foreign fiancé(e). The Embassy or Consulate will notify the foreign fiancé(e) that a petition has been received, and provide information about how to schedule a medical exam with the panel physician as well as how to schedule an appointment for a visa interview at the Embassy.

At the visa interview a Consular officer reviews the documents that both the American petitioner and the foreign fiancé(e) have submitted. The Consular officer looks for evidence of a relationship, and asks the foreign fiancé(e) questions to determine that a bona fide relationship exists. Typically, Embassies request that fiancé(e)s bring evidence of their relationship to the interview, such as photographs together, correspondence between the two, evidence of remittances to the fiancé(e), phone bills showing calls to each other, etc.

Once the interview is finished the Consular officer can issue the visa, if he is convinced of a bona fide relationship that meets all legal requirements. The officer may also request that further evidence be submitted before making a decision. If the Consular officer does not think the relationship is bona fide or finds some legal impediment to issuing the visa, the petition will be returned to USCIS and recommended for revocation and no visa will be issued.

A K1 visa is printed on a self adhesive label, similar to a tourist visa, but annotated with the name of the petitioner. The label is placed into the fiancé(e)'s passport. It is valid for one entry into the United States within six months of the date of issuance.

The total time from filing of the initial petition to the actual issuance of a visa can vary, but recently has averaged around eight months. The length of time depends partly on the processing speed of the USCIS center that receives the visa petition, as well as availability of appointments at the Embassy A diplomatic mission is a group of people from one state or an international inter-governmental organisation present in another state to represent the sending state/organisation in the receiving state. In practice, a diplomatic mission usually denotes the permanent mission, namely the office of a country's diplomatic representatives in the capital or Consulate nearest to the foreign fiancé(e). Visa petitioners and their fiancé(e) can avoid unnecessary delays by making sure their applications are completely and accurately filled out, and by scheduling necessary appointments with the panel physician and the US Embassy as soon as they are eligible to do so.

Requirements for a K1 Visa

Both fiancees must be eligible to be lawfully married in the state of residence of the petitioner. For example, at the time the visa petition is filed, as well as at issuance, they must both be of legal age, and not already married to each other or to anyone else. Under the Defense of Marriage Act Defense of Marriage Act is the short title of a federal law of the United States passed on September 21, 1996 as Public Law No. 104-199, 110 Stat. 2419. Its provisions are codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C. The law, also known as DOMA, has two effects:, same-sex partners are not eligible for K1 visas, even those with petitioners from states that otherwise allow same sex partners to marry. Some individuals are ineligible for any immigrant visa, such as those with certain untreated communicable diseases, those who have committed crimes of moral turpitude It is of great importance for immigration purposes, as only those offenses which are defined as involving moral turpitude are considered bars to immigration into the U.S, those who are addicted to illegal drugs, persons who were previously deported from the US, and those who have engaged in acts of terrorism or are members or a designated terrorist organization.

Both fiancees must have met in person at least once within two years prior to filing the visa petition. This requirement may be waived by the Department of Homeland Security, but only for cases such strong cultural or religious traditions which preclude such a meeting.

Visa applicants are required to demonstrate to the Consular officer that they are unlikely to become public charges in the United States. Generally, this is accomplished by the petitioner filing an Affidavit of Support showing he or she has an income or assets that are above that of the poverty line in the petitioner's state of residence. Both fiancees may be required to submit certain documents, such as birth certificates and ID cards, to prove their identity, as well as divorce decrees or annulment records to prove they are eligible to marry. The precise documents required are set by the Embassy in each country to reflect the documents commonly used in that country.

Related Visa Categories

The unmarried children, under 21 years old, of a K1 visa beneficiary can also immigrate with their parent. Because such children derive their immigration status through a parent, they are known as derivative applicants, and are issued a K2 visa. (The precise definition of a "child" for immigration purposes is complex, taking into account the various permutations of adoptive, step-parent, and half-sibling relationships that are possible.)[1] Derivative children may either immigrate at the same time as their parent, or may follow to join the parent up to one year after the issuance of the parent's K1 visa.

Two additional "K" categories of visas exist. The K3 visa is for the spouse of a US citizen. It was created to allow a foreign spouse of a US citizen the opportunity to enter the US as a non-immigrant and adjust status to a lawful permanent resident by filling out the I-485 form to the USCIS[2]. It is similar to the IR1/CR1 category which are also for the spouse of a US citizen. The only practical difference is that a K3 visa is a non-immigrant visa, thus the foreign spouse must adjust to immigrant status after arrival in the US. The IR1/CR1 visa categories are immigrant visas thus require no adjustment of status once the beneficiary has arrived in the United States. A K4 visa is a derivative visa issued to the child of a K3 visa holder.

Fraud Considerations

Because the K1 visa leads to immediate immigration, and eligibility for employment, in the United States, it is considered to be a high fraud visa category[3]. To partially address these concerns, Congress in 1986 passed the Marriage Fraud Amendments, which placed a two year conditional period on a foreign spouses permanent residency. Dissolution of the marriage within those two years can lead to removal of the foreigner's permanent residency status.

Detecting marriage fraud is of utmost importance to the USCIS. Government officials are specially trained to detect any fraud. Attributes of a “normal relationship,” which proves validity, can be common language or religion, shared vacations, events, and holidays, combined finances and property and more, but most of all, it is the intention to have a real marital relationship.

A survey completed by the United States Immigration and Naturalization Service The United States Immigration and Naturalization Service was a part of the United States Department of Justice and handled legal and illegal immigration and naturalization. It ceased to exist on March 1, 2003 (INS) in the 1980’s which found approximately 30% of these marriages are under suspicion of fraud. Fraudulent marriage is any marriage which has been entered into solely with the purpose of getting around the law. According to the Iimmigration and Nationality Act (INA), Act 255 [8 U.S.C 1325] the consequences of entering into a marriage in order to evade the law include incarceration for five years or less, a fine of $250,000 or less, or both.

Other fraud concerns include routine romance scam A romance scam is a confidence trick involving feigned romantic intentions towards a victim, gaining their affection, and then using that goodwill to commit fraud. Fraudulent acts may involve access to the victims' money, bank accounts, credit cards, passports, e-mail accounts, and/or national identification numbers or by getting the victims to or romance fraud, usually victimizing the American petitioner, as well as attempts by foreigners to pay an American to knowingly enter into a sham marriage.

International Marriage Broker Regulation Act

The K1 visa has been associated with the mail order bride Mail-order bride is a label applied to a woman who publishes her intent to marry someone from another usually more financially developed - country. This term is considered offensive by some definitions phenomenon. Many K1 visa immigrants are from third world or economically depressed countries. Some have argued that both mail order brides and their American petitioners both hold false expectations – the bride imagining life with a wealthy foreign husband and the bridegroom dreaming of a loyal wife who overlooks obvious differences in age or other faults.

Partly in response to this Congress passed the International Marriage Broker Regulation Act in 2005. The act requires that fiancees be given a brochure about domestic violence, and requires that American petitioners who have been convicted of certain crimes of violence, abuse or multiple crimes involving drugs declare this on the petition, among other things. If two or more K-1 visa petitions were filed at any time in the past or if a petitioner previously had a K-1 visa petition approved within two years prior to the filing of another petition, the petitioner must apply for a waiver. To request a waiver a written request must be submitted with the new petition accompanied by documentation of the claim to the waiver.

Additionally, under the Adam Walsh Child Protection and Safety Act of 2006, any person convicted of a felony sex crime involving children is ineligible to petition a foreigner to immigrate to the United States, including on a K1 visa. The Secretary of the Department of Homeland Security can issue a waiver of this Act at his sole discretion.

References

  1. ^ McFadyen, Jennifer. "About.com Immigration Issues Page". About.com About.com is an online source for original information and advice. It is written in English, and is aimed primarily at North Americans. It is owned by The New York Times Company. http://immigration.about.com/od/immigrationglossary/g/Child.htm. Retrieved 2009-04-21.
  2. ^ "Nonimmigrant Visa for a Spouse". United States Department of State The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries. The Department was created in 1789 and was the first executive department established. http://travel.state.gov/visa/immigrants/types/types_2993.html. Retrieved 2009-04-21.
  3. ^ Seminara, David (November 2008). "Hello, I Love You, Won't You Tell Me Your Name: Inside the Green Card Marriage Phenomenon". Center for Immigration Studies The Center for Immigration Studies is a non-profit research organization that advocates immigration reduction in the United States. Founded in 1985, its executive director is Mark Krikorian. As a 501(c)(3) organization, it is subject to limits or absolute prohibitions on engaging in political activities. The organization describes itself as non-. http://www.cis.org/marriagefraud. Retrieved 2009-01-25.

External links

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A-1 · A-2 · A-3 · B-1 A B-1 visa is issued to a foreign citizen seeking to enter the United States of America for business purposes, while a B-2 visa is granted to a foreigner seeking to enter for tourism purposes. In practice, the two visa categories are usually combined together and issued as a "B1/B2" visa valid for a temporary visitor for either business · B-2 A B-1 visa is issued to a foreign citizen seeking to enter the United States of America for business purposes, while a B-2 visa is granted to a foreigner seeking to enter for tourism purposes. In practice, the two visa categories are usually combined together and issued as a "B1/B2" visa valid for a temporary visitor for either business · C-1 · C-2 · C-3 · E-1 · E-2 · E-3 · EB-5 · F-1 F-3 visas are given to nationals of Mexico or Canada only, when they reside in their country of origin while attending school. Called "Border Commuters", these visa holders may study part or full time. However, unlike F-1 visa holders, they may not work on campus, although they may still be authorized for CPT; OPT may only be used after · F-2 · F-3 · G-1 · G-2 · G-3 · G-4 · G-5 · GB · GT · H-1B The H-1B is a non-immigrant visa in the United States under the Immigration & Nationality Act, section 101(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker can find another employer, apply for a · H-1B1 · H-1C · H-2A An H-2A visa allows a foreign national entry into the U.S. for temporary or seasonal agricultural work. There are several requirements of the employer in regards to this visa. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to · H-2B · H-3 · H-4 · I-1 · J-1 · J-2 · K-1 · K-2 · K-3 · K-4 · L-1 An 'L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non immigrant visa, and is valid for a relatively short amount of time - generally three years. L-1 visas are available to employees of an international company with offices in both a home country and the United States, or which intend to · L-2 · M-1 · M-2 · N-1 · N-2 · N-3 · N-4 · N-5 · N-6 · N-7 · O-1 · O-2 · O-3 · P-1 · P-2 · P-3 · P-4 · Q-1 · R-1 · R-2 · S-1 · T-1 A T visa is a type of visa allowing certain victims of Human trafficking to remain in the United States if they agree to assist law enforcement in testifying against the perpetrators · T-2 A T visa is a type of visa allowing certain victims of Human trafficking to remain in the United States if they agree to assist law enforcement in testifying against the perpetrators · T-3 A T visa is a type of visa allowing certain victims of Human trafficking to remain in the United States if they agree to assist law enforcement in testifying against the perpetrators · T-4 A T visa is a type of visa allowing certain victims of Human trafficking to remain in the United States if they agree to assist law enforcement in testifying against the perpetrators · TD · TN · V-1 · V-2 · V-3 · WB · WT

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