Tag Archives: k1 visa
A person in K1 status can only adjust based on marriage to the US citizen petitioner, not another marriage
Sometimes a k1 fiancé visa marriage like any other marriage does not always go as plan despite even the best intention. Sometimes there is a breakdown in the marriage, a k1 visa divorce and the foreign national has questions for an immigration lawyer about his/her eligibility for adjustment of status and a green card.
A k1 visa holder can only adjust status on the basis of a marriage to the US citizen petitioner within 90 days of admission to the United States. The Immigration and Marriage Fraud Amendment of 1986, explicitly prohibits a person in K1 status from adjusting on the basis of marriage to someone else.
What the K1 must show if there is a divorce
If the marriage occurred within 90 days, a person in K1 status (and her dependent children admitted in K2 status) can still adjust status to that of an alien lawfully admitted to permanent residence even if the marriage ends in divorce. Matter of Alfred Sesay, 25 I&N Dec. 431 (BIA 2011) & Matter of Le, 25 I&N Dec. 541 (BIA 2011).
If you fail to convince the immigration officer at your first marriage immigration interview that your marriage is in good faith, the USCIS may give you written notice of a marriage fraud interview known as a Stokes interview. A Stokes interview is a taped interview in which the USCIS separates you and your spouse and ask questions. The goal is to decide whether your marriage is in good faith and not solely for gaining an immigration benefit.
The petition is the first step in the k1 visa process before the foreign fiancé applies for a k1 visa at a United States consulate. A U.S. citizen petitioner must first file a K1 visa petition for her foreign fiancé, the beneficiary. The petitioner will complete and sign form I-129F providing USCIS information about her including her criminal history, if any. She will also provide information about her foreign fiancé and child (ren), if any. The petitioner must send I-129F petition and supporting documents to USCIS. If the petitioner has not yet met her foreign fiancé she should plan her trip or their meeting with the supporting evidence in mind and gather the proper evidence of the relationship.
Once the USCIS approves the k1 visa petition it will then send it to the National Visa Center for forwarding to the proper consular post. Once the consulate receives the petition it will issue a letter to you stating that the consulate is ready to begin processing your k 1 visa application.
The Consulate will send you a set of document often called Packet 3 in order it to process your case. Sometimes the Consulate will not include the above forms. Rather it will send a letter with the applicant’s case number and a visa sheet with step by step instructions on how to go ahead. If this is the case the applicant can download the forms from the consulate website and return them to the Consulate.
A K1 visa is a non-immigrant visa designed to speed up the immigration to the US of the fiancé (e) of a U.S. Citizen and his or her unmarried children under 21 years of age. The K1 visa is different from the K3 visa which is a non-immigrant visa expedite the immigration of the spouse of a U.S. Citizen and his or her unmarried children under 21 years of age.
The K1 visa status permits the fiancé (e), the K1 visa beneficiary, to enter the US for 90 days period to marry the US Citizen Petitioner and apply to adjust status to permanent residence.