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Fiance(e) of U.S. Citizen (K-1 Visas)/Fiance(e)'s Unmarried Children Under 21 (K-2 Visas)
K-1: The United States citizen fiance(e) must submit
a petition to USCIS showing that:
1) S/he and his/her fiance(e) have
physically met within the two years preceding the date the K-1 petition is
submitted. This "previous meeting" requirement may be waived in cases of extreme
hardship or where such a meeting would violate strict and long-established
customs of the beneficiary's culture or social practice, such as where marriages
are traditionally arranged by parents of the bride and groom and the couple is
prohibited by custom from meeting before the wedding day; and,
2) Both
the United States citizen and the fiance(e) must be "free to marry," meaning
that any and all prior marriages have been legally terminated; and,
3) Both must intend to marry within 90 days of the foreign national
fiance(e) entering the United States in K-1 status. Once the USCIS approves the
petition, the Department of State will forward the petition to the U.S.
consulate abroad where the fiance(e) applies for the visa.
K-2: Unmarried child(ren) under the age of 21 of the K-1 may be
issued K-2 visas. Proof of the family relationship to the K-1 parent is
required. In some countries, evidence that the biological parent has provided
his/her consent for his/her child to depart the country is required.
K-1 and K-2 visas are valid for one entry to the United States and the period of
authorized stay is only 90 days. During this time, the K-1 and K-2 must enter
the United States and, during the next 90 days, the K-1 and the United States
citizen must marry. Thereafter, an application to adjust status to Conditional
Lawful Permanent Resident is submitted to the local USCIS office having
jurisdiction over the place of residence of the K-1/K-2 in the United States.
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