Temoporary Family Visas
Introduction - K-1/K-2 Status
The K-1 Fiancé (e) Visa allows foreign nationals, potential spouses of United States Citizens to enter the United States for the sole purpose of marriage. The marriage between the foreign national and United States citizen must take place within ninety (90) days of entry into the United States. It should be noted that the actual visa expiration is insignificant as long as a foreign national has complied with the terms of the visa.
In order to be eligible for K-1 status, a foreign national must provide proof that:
• There is a bonafide (“good faith”) intention to marry;
• There is an appropriate legal capacity to marry (i.e., proper age, former marriages dissolved by annulment or divorce);
• They are actually willing to enter into a valid marriage within ninety (90) days after entry into the U.S.; and
• Prospective husband and wife have previously met in person within the two (2) years prior to filing a petition to receive K-1 visa status.
The K-1 visa also makes provision for the U.S. Citizen to have his/her fiancé (e)’s child(ren) enter as a non-immigrant. K-2 dependent status is available to minor children, under the age of 21, and can be applied for in the same petition as the primary visa holder.
Termination of K-1/K-2 Status
• If the marriage does not take place within 90 days, or your fiancé (e) marries someone other than you (the petitioner), your fiancé (e) and any accompanying dependents will be required to leave the United States.
• The K-1 petition is automatically terminated when the petitioner dies or voluntarily withdraws the petition.
• And, since K-2 status is dependent upon the primary visa holder, any dependents’ status is subject to cancellation or revocation upon expiration of the primary visa holder’s status.
Duration of Stay
The K-1 Visa is typically valid for a period of four (4) months. Those admitted on a K-visa will not be eligible to adjust their status to any other nonimmigrant classification or apply for an extension of their temporary period of stay in the US.