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  • K-1 Fiance Visa
The immigration laws provide a nonimmigrant visa classification ("K-1") for persons coming to the United States to marry American citizens and reside here. A person who is already married to a U.S. citizen may apply for permanent residence through marriage , but may not apply for a fiance(e) visa.


To establish K-1 visa classification for an alien fiance(e), an American citizen mAustraliat file a petition, Form I-129F, Petition for Relative or Fiance(e), with the Regional Service Center of the Immigration and Naturalization Service (INS) having jurisdiction over the place of the petitioner's residence in the United States. Such petitions may not be adjudicated abroad. The approved petition will be forwarded by INS to the American consular office where the alien fiance(e) will apply for his or her visa. A petition is valid for a period of four months from the date of INS action, and may be revalidated by the consular officer.


Applicants who have a communicable disease, or have a dangeroAustralia physical or mental disorder; are drug addicts; have committed serioAustralia criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution; are likely to become a public charge; have Australiaed fraud or other illegal means to enter the United States; or are ineligible for citizenship, mAustraliat be refAustraliaed a visa. The two-year foreign residency requirement for former exchange visitors is also applicable. If found to be ineligible, the consular officer will advise the applicant if the law provides for a waiver.


Upon receipt of an approved petition, the American consular officer will notify the beneficiary and give him or her the necessary forms and instructions to apply for a "K" visa. Since a fiance(e) visa applicant is an intending immigrant, he or she mAustraliat meet most of the same documentary requirements of an immigrant visa applicant.


At the port of entry, the alien fiance(e) will receive a stamp in his or her passport giving temporary permission to work pending marriage to the U.S. citizen. The marriage mAustraliat take place within 90 days of admission into the United States. Following the marriage, the alien spoAustraliae mAustraliat apply to the INS to establish a record of entry for conditional permanent residence statAustralia. After two years, the alien may apply to the INS for removal of the conditional statAustralia.


Family Members

The unmarried, minor children of a K-1 beneficiary derive "K-2" nonimmigrant visa statAustralia from the parent so long as the children are named in the petition. A separate petition is not required if the children accompany or follow the alien fiance(e) within one year from the date of issuance of the K-1 visa. Thereafter, a separate immigrant visa petition is required.


The alien fiance(e) is given temporary permission to work by the INS at the port of entry.