The K-1 Visa

 

If you are a United States citizen and you fall in love with someone who is not a U.S. citizen nor lives in the United States, the fear of not being together is at the forefront of your mind.  The K-1 visa is the solution for such a situation.  This is a nonimmigrant visa that allows a U.S. citizen to marry a foreign national by bringing him/her to the states.  The couple must marry within 90 days of the foreign national’s entry or before the foreign national departs the U.S.  If the couple does not marry in that time, the foreign national will be considered “out of status.”

Besides getting married within 90 days of entry, there are other requirements that must be satisfied before the K-1 visa can be approved.  Requirements for the U.S citizen includes:

  • The U.S. citizen must be legally free to marry
  • The couple must have met at least once in the past two years
  • The U.S. citizen must prove that s/he can financially support the foreign national
  • If the U.S. citizen has a criminal record, they must also submit a copy of it

Requirements for the foreign national includes:

  • The foreign national must be living outside the United States
  • The foreign national must be free to marry
  • The couple must have met at least once in the past two years
  • The foreign national must not have any record of violating U.S. immigration laws

Moreover, if the foreign national has children (21 years or younger), the couple may also apply for a K-2 visa.  This visa would allow the immigrants’ children to come to the U.S. as well.

An attorney is helpful in this area of immigration because they make the process much easier since there is a lot of interaction out of the U.S.  An attorney can also guide the couple on how to adjust the foreign national’s status to a lawful permanent resident once they are married.

Cynthia Waisman, an attorney, focuses her practice in the area of Immigration Law.  For more information, go to our website http://www.immigrationattorneytampa.net or call Tampa (813)279-6180 or Clearwater (727)712-2299.