K-1 and K-2 Visas

Technology has transformed so many aspects of modern life, including how we meet other people, keep in touch with them, and even maintain romantic relationships across long distances. For many people who travel for business, use online dating services or even social media – falling in love with someone in a foreign country has been known to occur. If this has happened to you and you are considering marrying someone currently residing outside the U.S., you may file for a K-1 Financé visa to sponsor them. To discuss your case, please call an experienced immigration lawyer at the law firm of FL-ILC at 1-800-666-4996 to learn about your options.

According to USCIS, a fiancé(e) is someone “engaged or contracted to be married.” In order to qualify, there must be documentation that they have met in person within the past two years. In addition, the U.S. petitioner must be a citizen and must submit evidence (such as photos, letters, messages) proving they have met their alien fiancé(e) to establish the relationship between the engaged couple. For the alien fiancé(e), some of the requirements are:

• You must be living outside of the United States in order to qualify for a K-1 visa.
• You must be free to marry. This means that you are single, have proof of annulment or divorce from any other previous spouse or proof that your previous spouse has passed away
• You must have met your fiancé(e) at least once within the past two years (unless you meet one of the exceptions outlined by USCIS)
• You must not have any record of past violations regarding U.S. immigration law

K-2 Visas and Requirements

K-2 Visas are for children of foreign beneficiaries of the K-1 visa, and are contingent upon their parent obtaining the K-1 visa through marriage. The K-2 visa allows the minor children of K-1 visa holders to also come to the United States while awaiting the marriage of the K-1 parent to the U.S. citizen. In order to qualify, the child/ children of an Alien Fiancé(e) must:

• Be the child of the K-1 holder. If you are adopted, there might be certain conditions on your application.
• Be under 21 years of age and unmarried
• Not have any record of past violations regarding U.S. immigration law
• Once you reach the United States, the general rule is that you have until you are 21 years of age to adjust your status.

There are many exceptions and special scenarios for K-1 visa applicants and K-2 visa applicants that require the knowledge and expertise of a seasoned immigration law expert. If you would like more information about the process, contact the FL-ILC at 1-800-666-4996 today.