K-1 fiance visa is a nonimmigrant visa that allows a fiancé of  U.S. citizen (U.S.C) to enter the United States. The purpose for the K-1 visa is to allow the foreign fiancé to enter the United States to marry the United States Citizen. Dependents of the foreign national fiancé (unmarried children under 21) can come to the U.S. with the fiancé as K-2 visa holders. Because a K-1 visa is a nonimmigrant visa specifically for the purpose of the foreign national and his or her U.S. citizen spouse to get married, it is limited to 90 days from the date of entry.  To file a K-1 nonimmigrant visa, the U.S. citizen fiancé must file the I-129F application with the Department of Homeland Security (USCIS) in the U.S.  The application must be filed with the process center where he or she resides. Once USCIS approves the I-129F application, they will notify their counterpart, working in the American Consulate, abroad. Subsequently, the foreign national fiancé submits a non-immigrant visa application, form DS-156, with a completed medical examination by an approved civil surgeon, Form I-693, and other requested documents to the U.S. consulate for processing and final adjudications.  Usually, the U.S. consulate schedules an interview at the U.S. Consulate before the K visa is issued.

Even if the USCIS approved the K-1 visa application, the U.S Consulate will have the final decision because the power to grant or deny a “visa” is solely in the discretion of the U.S. Consulate abroad, which is part of the U.S. Department of States’ functions. The reasons for such denial could be of any number of reasons.  First, a denial may be because of a statutory requirement, such as the foreign national failed to show that he or she met certain requirements.  Second, the USCIS or the U.S. Consulate may determine that the application is a fraud.  Like any other immigration application, K-1 fiancé visa applications are full of fraudulent applications for those who seek to come into the U.S. but do not intend to maintain such status.  Here, the foreign national may seek to enter the U.S. and remain here as an overstayed foreign national.  The U.S. government is mindful of these fraudulent applications.  Thus, it is important that a foreign national filing for a K-1 fiancé visa receive professional representation and heavily document their qualifications.  The experienced immigration attorneys at Smith & Garg, LLC will be able to identify your qualifications and assist you in filing proper documents to show that you have met those qualifications.

Contact the Immigration Lawyers at Smith & Garg today for more on K1 Visas and how to get them.